October 5, 2015 — Trinity Industries will have to face a lawsuit filed by The Clark Firm, LLP on behalf of a couple who were injured when a guardrail punctured their car.
In 2011, plaintiffs Jose and Victoria Evans veered off the road and hit the “impact head” of a Trinity ET-Plus guardrail.
The guardrail is designed to deflect away from an oncoming car, but instead it rammed through the front driver-side door and caused serious injuries to both occupants.
Mr. and Mrs. Evans accused Trinity of fraudulently concealing design changes to the ET-Plus guardrail.
Trinity tried to argue that the lawsuit should be time-barred under the two-year statute of limitations in Texas. U.S. District Judge Rebecca Smith rejected Trinity’s argument, agreeing that Mr. and Mrs. Evans would not have known that their injures stemmed from a defective product until recently. The order (PDF) was issued on September 29.
They are represented by Collen Clark of The Clark Firm, LLP, who told Law 360:
“The fraudulent concealment is a significant issue for Trinity. The court’s ruling reflects the correct state of the law in Virginia and Texas as well. Trinity will have to answer for their conduct in Texas and many other states. Although Trinity continues to seek to bend the truth rather than face it, we now have them in several jurisdictions where juries will decide their fate.”
The case is Evans v. Trinity Highway Products, LLC et al., Case No. 2:15-cv-00314 in the U.S. District Court for the Eastern District of Virginia.
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