A manufacturer of guardrail end terminals is opting to settle a class action lawsuit for $56 million to avoid the uncertainty and expense of continued litigation.
Trinity Industries and its manufacturing arm, Trinity Highway Products, were sued by Missouri counties and a governmental entity wanting to recover the costs of replacing allegedly defective safety equipment on roadways statewide.
“Trinity Industries and Trinity Highway have always disputed and denied the allegations in this lawsuit," said Jeff Eller, spokesperson for Trinity Industries.
Jackson County, Missouri v. Trinity Industries Inc was originally filed in 2015 and includes the city of St. Louis and the Missouri Department of Transportation as plaintiffs, according to media reports.
The lawsuit alleges that when Trinity reduced the size of its ET Plus guide channel device by one inch in 2012, it allowed guardrails to impale vehicles, resulting in injuries.
However, Trinity asserts its product has saved thousands of lives.
“The ET Plus is the most tested highway safety product of its kind, and has repeatedly been approved by the Federal Highway Administration,” Eller told the St. Louis Record.
Missouri Lawyers Media reported that the counties are represented by Patrick Stueve, Bradley T. Wilders, and Alex T. Ricke. They will receive $11.4 million in attorneys’ fees and expenses and $175,000 in settlement administration costs. Jackson County, as the class representative, will be paid a $50,000 service award.
“Trinity Industries and Trinity Highway Products continue to stand by the ET Plus while working with the State of Missouri as it transitions to highway safety devices meeting the new MASH standard,” Eller added.
The Manual for Assessing Safety Hardware (MASH) is being implemented by the Missouri Department of Transportation.
Missouri counties that have removed and replaced the ET Plus will be reimbursed $3.5 million as well as $2.5 million for implementing the device and $38 million to replace some 10,000 remaining.