As expected, Sherwin-Williams filed for a new trial in "Trellvion Gaines V. The Sherwin-Williams Company." That's its second choice, of course. Its first is for Judgment Notwithstanding the Verdict.
As you will recall, the Jackson, Mississippi jury awarded millions to the plaintiff for alleged childhood lead poisoning, despite no evidence of product Identification that could be associated with the defendant.
In its motion for a new trial, Sherwin-Williams contends:
- The overwhelming weight of the evidence does not support the verdict, and improper trial tactics meant to impel speculation, passion, and bias from the jury cannot make up for plaintiff's insufficient evidence.
- The Court's failure to grant defendant's motions in limine and "Daubert" motions was error, and these and other evidentiary rulings at trial, both singularly and cumulatively, resulted in an unfair trial.
- The Court improperly denied two of defendant's proposed jury instructions.
- The damages awarded by the jury were excessive and against the overwhelming weight of evidence.
- Newly discovered evidence indicates that the jury's verdict of liability and damages was based on false information.
- Venue was improper in Jefferson County, and the lack of adequate procedural safeguards during jury selection denied Sherwin-Williams an impartial jury.
More deconstruction to come ...