Aug. 7, 2017—San Diego shop owner John Tyczki released the two more YouTube videos ("Sherwin Williams AWX Lies Exposed Part 1, The Agreement" and "Sherwin Williams Lies Exposed Part 2, Corporate Greed") as part of a series that details a lawsuit he had with Sherwin-Williams' over the company's AWX paint line.
Both videos are embedded at the bottom of this post.
"Sherwin-Williams' agreement is nothing but trickery and is dishonest," Tyczki, owner of JB Collision Services and JJT Inc. in San Diego, said in the first video. "That's why I won. That's why I won on fraud. That's why I won on intentional misrepresentation. That's why I won on neglect. It was seven jurors' unanimous decision, folks, that we proved that all this stuff was true."
In the first video, Tyczki discussed what he describes as complicated and misleading wording of the AWX agreement with Sherwin-Williams and why the company was wrong to sue for lost profits.
In the second video, Tyczki described what he calls systematic "corporate greed" at Sherwin-Williams, which inevitably leads to conflict with body shops.
As detailed in FenderBender's previous post on the initial YouTube 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.
In 2015, Tyczki 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.
