Sherwin-Williams class action overview:
- Who: Plaintiffs Christina Modrovich and Robert Birner filed a class action lawsuit against The Sherwin-Williams Manufacturing Co.
- Why: Modrovich and Birner claim Sherwin-Williams’ coatings manufacturing plant in Rochester, Pennsylvania, emits noxious odors that invade nearby properties.
- Where: The Sherwin-Williams class action lawsuit was filed in Pennsylvania federal court.
A new class action lawsuit accuses Sherwin-Williams’ coatings manufacturing plant in Rochester, Pennsylvania, of emitting noxious odors that invade nearby properties.
Plaintiffs Christina Modrovich and Robert Birner claim the Sherwin-Williams’ plant emits volatile organic compounds (VOCs) and other odorous pollutants into the ambient air, which, they argue, is a violation of the company’s permit for the facility.
Modrovich and Birner allege Sherwin-Williams failed to implement proper care and management of its mixing, grinding, blending and filling equipment and did not install adequate air pollution capture and removal systems.
“Defendant has failed to follow proper industrial practices to prevent the offsite emission of noxious odors, and has failed to capture, mitigate and/or prevent noxious odors from escaping its facility, thereby invading the homes and properties of plaintiffs and the class,” the Sherwin-Williams class action lawsuit says.
Modrovich and Birner want to represent a class of owner-occupants or renters of residential property located within a one-mile radius of Sherwin-Williams’ coatings manufacturing plant in Rochester, Pennsylvania, at any time within the applicable statute of limitations.
Pennsylvania coatings manufacturing plant allegedly received multiple violation notices
Modrovich and Birner claim Sherwin-Williams’ coatings manufacturing plant — which formulates coatings for packaging materials — has received multiple notices of violation from the Pennsylvania Department of Environmental Protection.
The notices of violation were given for failing to comply with particulate matter emission limitations, failing to submit a plan approval application, failing to install a thermal oxidizer and failing to maintain a source or control device, according to the Sherwin-Williams class action lawsuit.
Modrovich and Birner claim Sherwin-Williams is guilty of private nuisance, public nuisance and negligence.
The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of compensatory damages for themselves and all class members.
In other recent pollution claims, a group of Oregon residents filed a class action lawsuit against Amazon Data Services in March over allegations the company contaminated the drinking water in two Oregon counties.
Have you been affected by noxious odors coming from a Sherwin-Williams plant? Let us know in the comments.
The plaintiffs are represented by Kevin Riechelson of Cohen & Riechelson and Steven D. Liddle, Laura L. Sheets and Matthew Z. Robb of Liddle Sheets P.C.
The Sherwin-Williams class action lawsuit is Modrovich, et al. v. The Sherwin-Williams Manufacturing Co., Case No. 1:26-cv-00124, in the U.S. District Court for the Western District of Pennsylvania.
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