In Oct. 2014, Trinity Industries was hit with a $175 million verdict for lying to the federal government about the highway guardrail systems it makes, but the case is not over. The company is now seeking a judgment as a matter of law, which the government opposes.
Free Guardrail Lawsuit Evaluation: 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 suit against the manufacturer of the guardrail and we can help.
What’s the Problem?
In March 2012, whistleblower Joshua Harman filed a lawsuit against Trinity Industries under the False Claims Act, alleging that the company secretly altered the design of its ET-Plus guardrail end terminal in a way that makes it unsafe. Instead of cushioning the impact of a crash, the end terminal collapses and the guardrail becomes like a spear, impaling the vehicle and its occupants.
A Texas jury agreed with Harman, levying a $175 million verdict against Trinity. Soon after, more than 30 states banned installation of the company’s highway guardrail systems.
Trinity has vowed to fight back, petitioning the U.S. Court of Appeals for a review of the verdict. However, the government claims the company “consistently and knowingly misrepresented to the purchasers of the ET-Plus that the product had been approved by the Federal Highway Administration,” according to a Dec. 5 motion to oppose.
Harman has requested that all records from the case be made public. But the Texas A&M Transportation Institute, which developed the ET-Plus but was not involved in the lawsuit, wants the record sealed, claiming it involves industry trade secrets.
“Disclosure of these trade secrets would undercut Texas A&M’s competitive advantage, impair its substantial investments in research and development, and jeopardize its customer relationship,” the Institute wrote in its Anticipatory Motion for Stay Pending Appeal, which was filed Nov. 26.
Guardrail Class Action Lawsuit Filed in Texas
A securities class action lawsuit has been filed against Trinity Industries Inc. alleging that it altered the design of its ET-Plus guardrail end terminal without telling the FHWA, and made false and misleading statements to its investors. The complaint, which was 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 lawsuit seeks to recover damages against Trinity for alleged violations of the Securities Exchange Act of 1934. Click here to learn more.
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 Suit and we can help.