Aug. 1, 2017—San Diego shop owner John Tyczki released the first YouTube video in a series that will "warn" shop operators about Sherwin-Williams' AWX paint line.
I hope that other shop owners can learn from my experience and what I've personally dealt with," Tyczki said in an interview with FenderBender. "I feel the only option I have is to put it on YouTube. They can’t destroy me on there.
In the first video, Tyczki covers what he claimed are questionable linguistics of the AWX agreement, his original meeting with Sherwin-Williams' now-president David Sewell, the original depositions for the lawsuit, and the documents provided by Sherwin-Williams chemists at the time. Various other topics regarding the lawsuit are covered in the video.
Tyczki said he will release another video tomorrow, and then continually as the days carry on. Each video will be about 3-4 minutes in length. He said he will eventually get into the five-day trial, reading from the transcripts themselves.
In 2015, Tyczki, owner of JB Collision Services and JJT Inc. in San Diego, was involved in a lawsuit with Sherwin-Williams. He filed a cross-complaint after he was initially sued by the paint company for breach of contract. Tyczki alleged that Sherwin’s AWX product line was defective and that the company was aware of the defects and should be held liable for fraud and concealment, and intentional and negligent misrepresentation about the paint products sold.
In a court document filed Nov. 23, 2015, Judge Larry Alan Burns awarded Tyczki’s business a total of $2.875 million, after ruling in favor of complaints from both parties.
The judgement states that JB Collision Services and JJT Inc. did breach supply agreements with Sherwin-Williams and were ordered to pay total damages in the amount of $374,448.70 to Sherwin-Williams. However, Burns did find a “preponderance of the evidence” that Sherwin-Williams committed fraud and concealment for which Tyczki was awarded $750,000. The judge also ruled in favor of Tyczki on the intentional misrepresentation claims, resulting in $1.25 million in damages, and another $1.25 million for the negligent misrepresentation claims.
Sherwin-Williams is still appealing the decision, Tyczki stated, which partially prompted him to make the video series to expose "how deceptive their agreement is."
"They probably know that once this case comes to a conclusion, this is probably going to open Pandora's box for them," he said.
Tyczki said there is currently another lawsuit going on with a shop operator near him that owns Z Best Body & Paint in Lake Elsinore, Calif., that is suing Sherwin-Williams for $7.5 million.
"And he has a great case, because they've lied," he said.
