Southern States Rack & Fixture, Inc. v. The Sherwin-Williams Company v. Keller-Rigany Construction South Carolina, Inc.
Case brought by a small manufacturing company who had contracted with Bridgestone Firestone to build tire racks for its manufacturing facilities. Plaintiff claimed that the custom mixed paint purchased from Sherwin-Williams to coat the tire racks was defective and resulted in the loss of its business. Plaintiff claimed damages in excess of $5 million for the loss of its business and future lost profits. After a week long trial, a verdict was entered in favor of Sherwin-Williams. Plaintiffs appealed the verdict to the 4th Circuit Court of Appeals based on the trial court's decision to exclude a last minute opinion by its expert. In Southern States Rack & Fixture, Inc. v. The Sherwin-Williams Company, et al. 318 F.3d 592 (4th Circuit 2003), the Fourth Circuit Court of Appeals affirmed the trial court's grant of Sherwin-Williams Motion to Strike Plaintiff's last minute expert opinion, affirming the procedure under Fed. R. Civ. P. 37(c)1 for striking an expert due to the parties' failure to timely disclose his opinion.