October 29, 2015 — ABC News reports that four families whose loved ones were injured or died in car crashes involving the ET-Plus guardrail have filed lawsuits against the manufacturer, Trinity Industries.

Three of the victims died and a fourth was severely disabled. According to the website of the Dallas attorney who filed the lawsuit, victims include:

  • Jose Cruz Diance: Off-duty officer for the LAPD who was driving a Ford F150. When he hit a Trinity guardrail, it pierced his pelvic and groin area and ejected him from the truck.
  • Adam Coster: Resident of Virginia who was driving a 2000 Acura Inspire when he hit a Trinity Guardrail. It pierced his car and impaled him. Witnesses found him dead at the scene of the accident.
  • Jennifer Penn: Resident of Kentucky who was driving a 1995 Dodge Neon in 2009. Her car slid off the road and and hit the guardrail, which pierced her vehicle and crushed her pelvis, causing severe injuries and her death a few days later.
  • Christopher McQuire: Accident in Illinois resulted in Trinity guardrail piercing his car, causing severe but non-fatal injuries to his pelvis, ribs, sternum, lung, kidney, and more.

In June 2015, federal judges hit Trinity with a $663 million penalty for defrauding the government by failing to disclose design changes to the ET-Plus. Those changes, say critics, may the guardrail more likely to impale oncoming cars when it is hit head-on.

The misconduct was brought to light by whistleblower Joshua Harman, a former competitor of Trinity who was put out of business in a patent dispute. During the dispute, Harman discovered that Trinity had reduced the size of the guardrail head, exit gap, and feeder chute, saving about $2 in materials.

Last year, a jury in Texas ordered Trinity to pay $175 million, which tripled to $525 million under state law, plus another $138 million in penalties for “false safety certifications” involving more than 16,000 guardrail systems that were sold throughout the United States. Harman was awarded about a third of the total settlement.

Need a Guardrail Injury Lawyer in Texas?

Collen A. Clark is a true advocate for his clients and is passionate about helping Texans that have been injured or wronged.

Collen’s amazing success in the courtroom and well known dedication to his clients has earned him the recognition of his peers as one of The Top Trial Lawyers in Texas.”

The Clark Firm has assembled a team of trial lawyers with more than 100 years experience, participation in over 600 jury trials and $260 million in verdicts and/or settlements. Please use the form below to contact our Texas guardrail injury lawyers for a free lawsuit review.

Meet Your Attorney

Collen A. Clark

Collen A. Clark is a true advocate for his clients and is passionate about helping Texans that have been injured or wronged.

“Collen’s amazing success in the courtroom and well known dedication to his clients has earned him the recognition of his peers as one of The Top Trial Lawyers in Texas.”

To contact Collen, please fill out the contact form below:

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 879-3040.
  • This field is for validation purposes and should be left unchanged.