AKRON, Ohio (Legal Newsline) – A Missouri woman claims that deck products she purchased from Sherwin-Williams are defective and fail within months of application.
Rosalinda Albright, individually and on behalf of all others similarly situated, filed a complaint on Nov. 30 in the U.S. District Court for the Northern District of Ohio against The Sherwin-Williams Co., The Sherwin-Williams Manufacturing Co., USA Sherwin-Williams Chemical Industry Group Inc. and USA Sherwin-Williams Chemical LLC for allege violation of the Magnuson-Moss Warranty Act.
According to the complaint, the plaintiff alleges that in August 2015, she purchased several cans of both SuperDeck and Duckback products manufactured by the defendants. The plaintiff claims she relied upon defendants' advertising claims concerning the products' high-quality and long-lasting protection, but when applied in accordance with defendants' instructions, the products deteriorated within months of application.
As result, Albright claims she and the class lost money and property due to the alleged unfair, deceptive, untrue and misleading advertising.
The plaintiff alleges the defendants failed to disclose to that they had no intention of honoring their guarantee of satisfaction or warranty and failed to honor their commitments when consumers notified them of the deterioration or failure of the products.
The plaintiff requests a trial by jury and seeks judgment for economic and compensatory damages, restitution, actual and punitive damages, attorneys' fees, reimbursement of all costs, and for such other and further relief as the court deems just and appropriate. She is represented by Thomas A. Muzilla of The Muzilla Law Firm LLC in Cleveland; and Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of McCune Wright Arevalo LLP in Berwyn, Pennsylvania.
U.S. District Court for the Northern District of Ohio case number 1:17-cv-02513-SO