$56M settlement to cover cost to replace road safety devices

A Jackson County circuit judge has preliminarily approved a $56 million class-action settlement that would allow governmental agencies to recover the costs of replacing faulty safety equipment on Missouri roadways.

Judge Kenneth R. Garrett III set an Aug. 30 hearing for final approval of the settlement with Trinity Industries and its manufacturing arm, Trinity Highway Products. Jackson County alleged in a lawsuit that Trinity made critical design changes to guardrail end terminals that caused them to fail, forcing counties across the state to replace them.

Patrick J. Stueve of Stueve Siegel Hanson, the lead counsel for the class, said in a statement that it is believed to be the first successful resolution of product liability claims against Trinity on behalf of government entities seeking the cost of removing and replacing the devices.

“When Jackson County filed this lawsuit, the goal was to recover the funds necessary to remove and replace these dangerous devices from Missouri roads,” Stueve said. “That’s exactly what this settlement provides. This settlement reflects the type of complete victory typically only won through a jury trial.”

In a statement, Trinity said it has always disputed and denied the allegations in the suit but that the settlement avoids the uncertainty and expense of continued litigation.

“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,” the company said.

Guardrail end terminals are devices intended to absorb the impact of vehicles that crash into the end of highway guardrails, causing the metal rail to ribbon away from the car. According to the suit, Trinity Industries’ terminals had met federal specifications for decades. But in 2012 it shortened the width of its ET Plus device’s guide channels from 5 inches to 4 inches, which prevented the guardrail from passing through the terminal head as intended and allowed the guardrail to pierce the vehicle or otherwise injure or kill the vehicle’s occupants.

Jackson County is leading a class of Missouri counties as well as the city of St. Louis and the Missouri Department of Transportation. The settlement includes $3.5 million to reimburse class members that have removed and replaced 4-inch ET Plus devices; $2.5 million for the cost of locating the faulty devices on their roads and $38 million for the costs of replacing more than 10,000 4-inch ET Plus devices estimated to remain.

In addition, the settlement also calls for Trinity to pay $11.4 million in attorneys’ fees and expenses, $175,000 in settlement administration costs and a $50,000 service award for Jackson County as the class representative. Stueve, along with attorneys Bradley T. Wilders and Alex T. Ricke, represented the class.

Jackson County’s suit initially was filed in state court in 2015 and returned there after an unsuccessful effort by Trinity to remove it to federal court. It was certified as a class action in 2017 and survived Trinity’s motion for summary judgment, a motion to decertify the class and several other interlocutory appeals. According to court records, the parties informed the court in February that they had reached a settlement ahead of a trial set for April.

The case is Jackson County, Missouri v. Trinity Industries Inc. et al, 1516-CV23684.