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Davis v. The Sherwin-Williams Co.

A painting contractor did not show that a Sherwin-Williams representative acted with malice in issuing an inspection report that included findings that the contractor improperly applied a concrete stain and industrial enamel that were Sherwin-Williams products.

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Briggs & Stratton Corporation hired Alan Davis to paint a motor assembly plant in the city of Statesboro. The Sherwin-Williams Company supplied Davis with the painting products that he used on the Briggs & Stratton job. In August of 1995, before the painting was finished, Briggs & Stratton fired Davis from the job. Davis sued Briggs & Stratton, and the parties eventually settled that lawsuit.

In October 1995, Briggs & Stratton asked Sherwin-Williams to inspect Davis’ painting job for the purpose of advising a new painting contractor as to what was needed to finish the project. Wayne Anderson, a Sherwin-Williams store assistant manager who had handled the Briggs & Stratton project and was familiar with the painting specifications of that project, conducted the inspection. Afterwards, Anderson wrote a report of his opinions and findings, and he sent the report to Briggs & Stratton.

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