Trinity Industries Sued by Canadian City

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Trinity Industries, the creator of the controversial ET-Plus guardrail end terminal, has been sued by the Canadian city of Stratford, Ontario. According to lawmakers there believe the company sold them defective, dangerous products – specifically, the ET-Plus. The city is seeking $500 million in damages for Stratford. The lawsuit claims despite knowledge of dangerous flaws in the device’s design, Trinity Industries continued to make the ET-Plus available for sale and installation on roads across North America.

This will become the third lawsuit against Trinity Industries. Illinois and Wisconsin have both recently filed class action suits against the manufacturer, claiming that the company sold the guardrails fraudulently. Of course, Trinity was found guilty of defrauding the federal government last fall, resulting in fines of $175 million dollars.

42 states and three Canadian provinces have now suspended the installation of the ET-Plus guardrails, but many of them remain on roads and highways. The Federal Highway Administration ordered a series of eight crash tests to determine the future role the guardrail may or may not have on American roads. The ET-Plus passed four of the eight tests, with the results of the additional four still pending. Photos and videos of the crash, however, clearly show the guardrail failing. Trinity has claimed that you simply can’t judge a test by it’s photos.

With this latest lawsuit’s filing comes more questions than answers. Will more cities begin filing class action lawsuits against Trinity Industries? As the crash test results roll in, we’ll likely find the answer.

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