Banks v. Sherwin-Williams CompanyAnnotate this Case
Plaintiffs Bre’Annah Banks, Ladarius Harp, Kimberly Norris, Zerlanzeia Lambouths, and Lakedrick Reed filed suit against the Sherwin-Williams Company claiming products liability and negligence. After both sides elicited evidence from lay and expert witnesses supporting their arguments, the trial court entered an order granting summary judgment for Sherwin-Williams based on the plaintiffs’ failure to establish product identification, an essential element of their claim. Upon review of the matter, the Supreme Court held that, under the applicable standard for the consideration of summary judgment, the plaintiffs presented enough evidence to create an issue of material fact as to whether the paint in question came from Sherwin-Williams. Accordingly, the judgment was reversed and the case remanded for further proceedings.