In documents filed Friday in U. S. District Court for the Western District of Missouri, Sherwin-Williams either denies all allegations made by the Herschend Family Corporation in a lawsuit filed Monday, or says it does not have enough information on certain points.
The Herschend Family Entertainment Corporation, owners of Silver Dollar City and Celebration City are trying to recoup a half-million settlement they paid to a woman who slipped and fell, injuring himself at Celebration City.
In the lawsuit, the corporation claims Sherwin-Williams Company is responsible for the fall due to faulty advice it gave on "non-skid concrete sealer."
According to the lawsuit, "Plaintiff Herschend was sued in the Circuit Court of Taney County on or about March 6, 2006, by Judy and Jack McRobb, who alleged that Herschend was negligent in that on July 1, 2004, McRobb slipped and fell on a surface that was not 'reasonably safe for use.' McRobb went on to allege that Herschend was 'negligent in one or more of the following ways' and listed numerous dangerous conditions arising from the 'slippery' surface on which McRobb fell.
"Due to the fall, Judy McRobb claimed significant injury to her neck (requiring a neck fusion surgery) shoulder (including a torn rotator cuff) low back (including a herniated disc); hip and leg. Judy McRobb's hsuband asserted a loss of consortium claim for his wife's injuries"
The Herschends claim that while they were remodeling Celebration City, Sherwin-Williams "came to the facility to provide professional advice on what non-skid concrete sealer should be used."
The Herschends say that after investigating the matter, they paid the McRobbs $500,000 and they are asking to be reimbursed and for any other damages and costs that may be appropriate.
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