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guardrail 14 articles

U.S. Supreme Court Won’t Revive Trinity Industries Guardrail Case

Trinity Industries will no longer have to fend off a $663.4 million judgment against it after the nation’s top court rejected a whistleblower’s bid to revive a 2014 jury verdict accusing the guardrail manufacturer of defrauding the government. The U.S. Supreme Court Justices declined to hear whistleblower Joshua Harman’s final appeal to leave the dangerous-guardrail judgment intact after it had been tossed by the Fifth Circuit Court of Appeals in New Orleans in 2017, according to Reuters. Mr. Harman sued Trinity Industries in 2012 under the whistleblower provisions of the False Claims Act, alleging that the Texas-based manufacturer defrauded the ... Read More

Trinity Industries Settles Guardrail Amputation Lawsuit Hours Before Trial

Guardrail manufacturer Trinity Industries Inc. has settled a product liability lawsuit brought by a North Carolina man who claims that the company’s unapproved guardrail alterations resulted in a defective product that malfunctioned in a crash and severed his legs. Plaintiff Jay Scott Traylor, who filed the suit in February 2014, reached a settlement with Trinity the day before his case was to go to trial. Trinity informed Dallas County, Texas, District Judge Eric Moye of the settlement after it was agreed upon Monday, May 15. According to the complaint, Mr. Traylor struck a Trinity ET-Plus guardrail on Interstate 40 in ... Read More

Three People Killed In Lindsay X-LITE Guardrail Collisions In Tennessee In Less Than A Year

A lot of press has been focused on highway guardrails made by Trinity Industries of Texas since the company became the target of a massive whistleblower lawsuit alleging the safety devices malfunctioned after an unapproved redesign. But according to a Knoxville News Sentinel report, Trinity’s ET-Plus guardrails are not the only rail systems malfunctioning, sometimes with deadly consequences. Since June 2016, at least four people in Tennessee were killed when their vehicles struck the end terminals of guardrails that failed to buckle and absorb the impact of the collision. Instead, the rails stayed rigid and impaled the vehicles like a ... Read More

Tennessee Bills Deceased Teen For Defective Guardrail That Killed Her

The State of Tennessee billed a deceased teen for “damage to state property” and the costs involved in replacing a section of guardrail that malfunctioned and killed her in a November crash. Hannah Eimers, 17, was killed instantly Nov. 1 when the 2000 Volvo S80 she was driving on I-75 near Niota, Tennessee, veered onto the median from the northbound lane and struck the end terminal of a guardrail. Instead of collapsing like a telescope as it was designed to do, however, the Lindsay X-LITE guardrail system impaled the vehicle and struck Hannah in the head and neck, pushing her ... Read More

Family of Illinois Man Killed By Guardrail Files Wrongful Death Lawsuit

The family of an Illinois man who was killed in a car crash after being impaled by an allegedly defective guardrail has filed a wrongful death lawsuit against the guardrail’s manufacturer, Trinity Industries of Texas. Omar Artis, 21, had returned home from college to attend the funeral of his 25-year-old sister who had died of a rare disease. He was driving two of his relatives home when he apparently fell asleep at the wheel, veered off the road, and struck the guardrail. But instead of folding in on itself and bringing the vehicle to a safe stop, Trinity’s ET-Plus guardrail ... Read More

Colorado Orders Immediate Inspection, Replacement of Dangerous Guardrails

Colorado transportation officials have ordered the immediate inspection of 42,000 guardrails installed along highways throughout the state following a televised report that some of the safety devices can fail to perform properly in a collision because they have been erroneously assembled. According to ABC Channel 7 News Denver, a local television report on a June crash in Johnston, Colo., involving a driver who was seriously injured in a guardrail collision ignited enough concern at the Colorado Department of Transportation (CDOT) that regulators issued a mandate for all guardrails to be inspected. “Guardrails are designed to stop and deflect a vehicle,” ... Read More

Truck Plummets Off San Diego Bridge, Killing Four Festival Goers Below

California law enforcement authorities are investigating the crash of a GMC pickup truck that jumped the guardrails on a San Diego bridge and plunged into a festival tent set up in the park below, killing four people and injuring several others. The California Highway Patrol said that 25-year-old Richard Anthony Sepolio, a member of the U.S. Navy, lost control of the vehicle Saturday afternoon as he was driving onto the San Diego-Coronado Bridge westbound from I-5. The truck hopped the guardrail and plunged about 60 feet to Chicano Park below. Mr. Sepolio, who is stationed at the naval base on ... Read More

Judge Allows Virginia Commonwealth’s Trinity Guardrail Lawsuit To Proceed

A Virginia judge rejected a request by Texas guardrail manufacturer Trinity Industries to toss a state lawsuit against it, alleging the company committed fraud and endangered the lives of motorists when it secretly modified its ET-Plus guardrail system. The complaint, filed by Virginia Attorney General Mark Herring last December, echoes the concerns of a whistleblower lawsuit filed by Joshua Harman against Trinity Industries. Mr. Harman alleged the company altered the design of its ET-Plus guardrail model after the Federal Highway Administration (FHA) approved it. That change, carried out a decade ago, Mr. Harman asserted, made the end terminals shorter and ... Read More

Senator says Trinity guardrails failed crash test

The Federal Highway Administration (FHWA) earlier this month said the controversial Trinity guardrails that were at the center of a whistleblower lawsuit have passed all new safety tests, but a U.S. Senator is challenging the agency’s stance. Last year, the FHWA ordered Trinity’s ET-Plus guardrail system to undergo a series of eight tests conducted by a laboratory in San Antonio, Texas. The agency ordered the tests after whistleblower Joshua Harman won the whistleblower lawsuit he filed against Trinity under the False Claims Act. Mr. Harman alleged that Trinity secretly altered the design of the guardrails’ end terminals to save money, ... Read More

Canadian city files class action against Texas guardrail maker

The Canadian town Stratford, Ontario, had filed a class-action lawsuit against Dallas, Texas-based guardrail manufacturer Trinity Industries, seeking a proposed $500 million in damages on behalf of all Canadian jurisdictions affected by the potentially deadly guardrails. The lawsuit, filed in Ontario Superior Court, echoes what similar lawsuits against Trinity in the U.S. claim: that the manufacturer secretly modified the design of its ET-Plus guardrail 10 years ago and failed to warn anyone about the “serious failures” of the altered system. “Rather than absorbing the crash energy as originally intended, designed and tested, the guardrail becomes a rigid spear that impales ... Read More