The Vince Hagan Company, Inc. v. The Sherwin-Williams Company

Date: June 2007
Court: 68th Judicial District Court of Dallas County

In this product liability action, Plaintiff sued Hawkins Parnell & Young, LLP’s client for breaches of warranty, including allegations under the Deceptive Trade Practices Act.  Plaintiff was a designer and manufacturer of industrial concrete batching plants and related equipment in Dallas, Texas. HPY represented a major paint and coatings manufacturer.  Plaintiff argued that HPY’s client’s product was not fit for the particular purpose required in Plaintiff’s manufacturing operations. HPY’s client countered that Plaintiff had not properly used its product as instructed, such that any product failure was due to significant user error by Plaintiff and its employees. HPY’s client also counter-claimed for recovery of significant unpaid invoices for other goods unrelated to the product at issue (suit on account).

After extensive discovery, including over two dozen fact and expert witness depositions, the parties began trial in 68th Judicial District Court of Dallas County, Texas before Judge Martin Hoffman.  The case settled favorably after voir dire and jury empanelment.