Trinity Industries ET-Plus guardrails $6M class action settlement

Trinity Industries agreed to a $6 million class action lawsuit settlement to resolve claims ET-Plus guardrails were dangerous and defective.

The class action lawsuit settlement benefits Missouri counties with populations of 10,000 or more as of July 1, 2014, that have or had ET-Plus guardrail end terminal systems with 4-inch-wide feeder shoots installed on county-owned and -maintained roadways. The settlement includes the independent city of St. Louis and the state of Missouri’s transportation authority. Eligible counties will be determined by the Missouri Census Data Center.

The ET-Plus guardrail end terminal was designed to absorb the impact of crashes. However, these devices have been associated with defects and injuries. ET-Plus devices have been linked to fatal car accidents, including a Nov. 1 accident that claimed the life of a driver in Ohio, according to News 5 Cleveland.

According to a class action lawsuit against Trinity Industries, the manufacturer made changes to the ET-Plus guardrails’ design in 2005 without announcing the redesign or seeking approval. 

However, these changes allegedly caused the Trinity Industries ET-Plus guardrails to be unsafe. The new design allegedly causes the ET-Plus devices to lock up during a crash. As a result, the guardrail doesn’t ribbon away from the vehicle and instead can puncture the vehicle, the class action lawsuit contends.

“As a result of Trinity’s design changes to the original ET-Plus, the modified ETPlus is defective, unsafe, and unreasonably dangerous when put to its reasonably anticipated use,” the ET-Plus class action lawsuit contends. “Malfunctions of the modified ET-Plus have caused serious injury and death on numerous occasions across the country, including within the State of Missouri.”

Trinity Industries hasn’t admitted any wrongdoing but agreed to a $6 million class action settlement.

Under the terms of the Trinity Industries guardrails class action lawsuit settlement, class members can be reimbursed for prior replacements of ET-Plus devices. 

A total of $3.5 million from the settlement fund will be used for ET-Plus replacement reimbursements class members can also be reimbursed for the cost of ET-Plus location and identification; $2.5 million of the settlement total will be used to reimburse ET-Plus location and identification.

For the next six years, class members can have ET-Plus devices replaced by the settlement fund. According to the guardrail lawsuit settlement agreement, class members can receive $1,700 for each identified ET-Plus device to pay for removal and replacement.

Because the court previously certified this class action lawsuit, class members can no longer exclude themselves. 

The court granted the Trinity guardrails settlement final approval Aug. 30, 2022.

There are several claim deadlines depending on the type of benefits being sought. 

For claims for the cost of locating ET-Plus devices, class members must submit a claim form by Jan. 9, 2023. 

For claims for previous ET-Plus replacements, class members must submit a valid claim form by Oct. 10, 2023. 

Class members have until Oct. 9, 2028, to submit claims for replacement ET-Plus devices.

Who’s Eligible

Missouri counties with populations of 10,000 or more as of 07/01/2014, that have or had ET-Plus guardrail end terminal systems with 4-inch-wide feeder shoots installed on county-owned and -maintained roadways

Potential Award

ET-Plus devices replacement for the next six years

Proof of Purchase

No proof of purchase applicable

Claim Form

Claim forms were mailed to eligible class members. Please see your claim form for further information on submitting your claim.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/09/2023 for claims for the cost of locating ET-Plus devices

10/10/2023 for claims for previous ET-Plus replacements

10/09/2028 for replacement ET-Plus devices

Case Name

Jackson County, Missouri v. Trinity Industries Inc, and Trinity Highway Products LLC, Case No. 1516-CV23684, in the Court of Jackson County, Missouri

Final Hearing

11/30/2022

Settlement Website

TrinityETPlusSettlement.com

Claims Administrator

Trinity ET Plus Settlement
P.O. Box 2002
Chanhassen, MN 55317-2002
info@trinityetplussettlement.com
844-332-6770

Class Counsel

Patrick J Stueve
Bradley T Wilders
Alexander T Ricke
STUEVE SIEGEL HANSON LLP

Defense Counsel

BARTLIT BECK LLP

SCHARNHORST AST KENNARD GRIFFIN PC