A class action suit has been initiated against Trinity Industries Inc., accusing the company of modifying the design of its ET-Plus guardrail end terminal without notifying the Federal Highway Administration (FHWA), and of providing its investors with false and misleading information.
Free Guardrail Lawsuit Evaluation: If you or a loved one suffered an injury in a guardrail accident, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of the guardrail and our lawyers can help.
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Class Action Allegations
The class action, entered in U.S. District Court, Northern District of Texas, was filed on behalf of all persons or entities who purchased Trinity securities between Feb. 16, 2012 and Apr. 21, 2015. The complaint seeks to recover damages against Trinity for alleged violations of the Securities Exchange Act of 1934.
According to the lawsuit, Trinity made false and/or misleading statements and/or failed to disclose that: (1) it altered certain dimensions of the ET-Plus guardrail end terminal in 2005 without telling the FHWA; and (2) as a result of the foregoing, Trinity’s public statements were materially false and misleading at all relevant times.
Related Article: Intentional Tort & Negligence (Major Differences)
Virginia Sues Over Guardrail Design Change
On Oct. 14, 2014, the New York Times published an article [1] reporting that the State of Virginia threatened to remove Trinity guardrails unless the company conducted additional safety tests. As a result, shares of Trinity Industries fell $0.53, or over 1.5%, to close at $32.93 the next day.
Whistleblower Lawsuit
On Oct. 20, 2014, a Texas jury found that Trinity deliberately withheld information about design changes it made to its ET-Plus end terminal which made it more likely to malfunction in the event of a crash, ruling the company defrauded the U.S. government by $175 million.
The verdict was the result of a whistleblower lawsuit that alleged Trinity turned the ET-Plus into a lethal highway hazard in an effort to cut costs, illegally passing the device off as eligible for federal funding. As a result of this news, Trinity shares fell $4.42, or over 12.3%, to close at $31.42 on Oct. 20, 2014.
FAQs
What are the claims being made in the Texas guardrail class action lawsuit?
The claims in the Texas guardrail class action lawsuit may include product liability, negligence, and wrongful death. Plaintiffs may argue that the guardrails failed to perform as intended, causing severe injuries or fatalities in accidents.
How can I find out if the guardrail involved in my accident is part of the lawsuit?
To find out if the guardrail involved in your accident is part of the lawsuit, you can consult with an attorney who specializes in product liability or personal injury cases. They can help determine whether the specific guardrail in your case is included in the class action.
What types of compensation might be available through the Texas guardrail class action lawsuit?
Compensation through the Texas guardrail class action lawsuit might include medical expenses, lost wages, pain and suffering, property damage, and, in cases involving fatalities, wrongful death claims. The amount of compensation will depend on the severity of the injuries and the specific circumstances of each case.
What should I do if I was injured in an accident involving a defective guardrail in Texas?
If you were injured in an accident involving a defective guardrail in Texas, seek medical attention immediately. Then, document the scene of the accident, gather any evidence (such as photos or witness statements), and consult with a lawyer to explore your legal options.
See other product liability cases we’re currently taking.
Do I Have a Highway Guardrail Lawsuit?
The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Highway Guardrail Lawsuits. We are handling individual litigation nationwide and currently accepting new guardrail injury and death cases in all 50 states.
Free Highway Guardrail Lawsuit Evaluation: Again, if you or a loved one has been injured in a guardrail accident, you should contact our law firm immediately. You may be entitled to compensation by filing a Guardrail Injury Suit and our lawyers can help.