Sherwin-Williams Co. v. JB Collision Services, Inc.

ORDER ON SHERWIN-WILLIAMS’ MOTION FOR JUDGMENT AS A MATTER OF LAW OR ALTERNATIVELY A REMITTITUR OF DAMAGES/NEW TRIAL. (DOCKET NO. 285)

Sherwin-Williams has filed a post-trial motion for judgment as a matter of law or alternatively a remittitur of damages/new trial. (Docket no. 285.)

I. Factual Background

This lawsuit arises out of a pair of automotive paint product supply agreements. Sherwin-Williams entered into the agreements with two auto body shops— JB Collision Services (the “JB Supply Agreement”) and JJT (the “JJT Supply Agreement”). Sherwin-Williams sued the auto body shops and their owner, John Tyczki (collectively “the Body Shop Defendants”), for breach of contract, alleging they prematurely terminated the agreements. (Docket no. 1.) The Body Shop Defendants contend that Sherwin-Williams’ products were defective, and asserted counterclaims for breach' of the Supply Agreements, eoncealment/fraud, intentional misrepresentation, negligent misrepresentation, and unjust enrichment. (Docket no. 36.)

A.JB Supply Agreement

The first communication between the parties occurred in June 2008 when one of Sherwin-Williams’ sales representatives approached Tyczki about a potential…