On Tuesday October 27th, 2015, Brent Coon and Associates filed a lawsuit against Trinity Industries in Dallas County District Court on behalf of 4 plaintiff's families whose loved one was involved in deadly collisions involving a Trinity Guardrail, and a fourth individual who was seriously and permanently injured. The lawsuit accuses Trinity Industries of Strict Liability, Gross Negligence, Misrepresentation and seeks to recover compensatory damages for a variety of issues including: economic damages, physical impairment, disfigurement sustained, physical pain and mental anguish. Included in the Trinity Industries lawsuit are the following plaintiffs:
Maria Diance is a representative of her son's estate, Jose Cruz Diance of Sylmar, California. Mr. Diance was an officer of for the Los Angeles Police Department. While off duty while driving his Ford F150 and was traveling on 101 Freeway in Sherman Oaks, when he hit a Trinity Guardrail. The Trinity Guardrail entered Mr. Diance's truck, piercing Mr. Diance's pelvic and groin area ejected him from the truck. Mr. Diance was rushed to UCLA hospital where hours later he was pronounced dead from his Trinity Guardrail injuries.
Donna Coster is a representative of her son's estate, Adam Coster, of Hampton Virginia. Mr. Coster was traveling in his 2000 Acura Inspire east on I-64, when his car collided with a Trinity Guardrail. The Trinity Guardrail entered his car, entered Mr. Coster's body, and he was found dead on the scene by witnesses. One witness, according to police reports, believed Mr. Coster was trying to avoid a deer when the Trinity Guardrail took his life.
Trinity Guardrail at the location of Adam Coster's Fatal Accident
Memorial Sign for Adam Coster near where his tragic Trinity Guardrail death took place.
Terry Penn is a representative of her daughter's estate, Jennifer Penn of Frankfort, Kentucky. Ms Penn was driving her 1995 Dodge Neon home after a musical performance on U.S. 460, March 14, 2009, in wet conditions. Her car slid off the wet roads sideways, near the off ramp, where the Trinity Guardrail entered her and her car. Ms Penn suffered a crushed pelvis and internal bleeding. After multiple surgeries, Ms. Penn was pronounced dead from injuries suffered from the Trinity Guardrail at University of Kentucky Albert B. Chandler Hospital a few days later.
Photo of Jennifer Penn's car after a deadly crash with a Trinity Guardrail
Additionally the lawsuit also lists Christopher McQuire as a plaintiff. Mr. McQuire was seriously injured in an accident in DuPage County, Illinois New Year's Eve 2009. Mr. McQuire's car slid while getting on the on ramp, when a Trinity Guardrail entered his car. He suffered 21 fractures to his pelvis, 2 broken ribs, fractured sternum, a punctured lung, and a lacerated kidney in addition to other injuries.
The Trinity Guardrail lawsuit states that some time between 2000 and 2005 Trinity changed the design of it's ET Plus Guardrail which were then installed along the National Highway System. The ET Plus Guardrail had a modified or altered head” manufactured with an exit gap of approximately 1.0 inches rather than approximately 1.5 inches as originally tested, approved, and manufactured. Beginning in early 2005, yet another different or altered ET-Plus started appearing along the National Highway System and on the roads in the subject states that had a modified, revised or altered ‘head’ was manufactured with a 4" feeder chute (as opposed to the prior approved 5" feeder chute) and a shorter overall height. The ET-Plus, as modified, revised or altered in 2005 and at issue in this case, does not allow the guardrail to feed properly through the chute due to the reduced internal area of the head itself causing the guardrail to “throat lock” in the head during impact. TRINITY never officially notified or petitioned the Federal Highway Administration, the subject state’s DOT, or any branch or unit of any federal or state government for approval or consideration of the feeder chute changes as described above.
BCA Founder, Brent Coon stated, "As a result of TRINITY’s actions, no one could have known or been aware of these risks, and could not reasonably know or have learned through reasonable diligence that there was a risk of impalement, serious injuries and deaths if the original and/or modified, revised or altered guardrail was struck head-on."
Trinity reportedly made the design modification as a cost cutting measure. The change in design saved Trinity Industries $2 dollars per guardrail head, while putting the lives of Americans in danger.
Brent Coon & Associates prides itself on being a public policy law firm. “Our first and foremost responsibility is to our clients and recovering the best possible settlement or verdict on their individual cases,” says BCA founder Brent Coon. “But I’ve always felt that our firm has a responsibility to the public as well. Sometimes it’s not enough to simply get a satisfactory result for your client. We also strive to use our position to influence meaningful change in public policy and industry-specific safety standards to help make our country a safer place for our citizens to live and work.”
Brent Coon and Associates has extensive experience auto accident lawsuits including the General Motors Recall Litigation and will now include the Defective Guardrail litigation. Each Defective Guardrail lawsuit is different and our Defective Guardrail lawyers will guide you through the steps of a Guardrail Lawsuit required to ensure you maximum recovery. Complete the form to the right to have our Defective Recall Lawyers review your claim for free. Or call our Guardrail Lawyers at: 855-435-5839. They will contact you regarding potentialTrinity Guardrail Lawsuit.
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