Products Liability Law Reporter

Trinity Industries, Inc., and Trinity Highway Products, LLC (Trinity), manufactured, marketed, and sold the ET-2000 guardrail end terminal system. Trinity subsequently redesigned the ET-2000 and rebranded it under the name ET-Plus. Trinity later redesigned the ET-Plus and modified certain of its critical dimensions, allegedly making these changes in secret. Among other things, Trinity modified the ET-Plus by narrowing the width of the feeder chute from five inches to four and shortening the feeder chute assembly length.

Jackson County, Mo., and a certified class of Missouri counties, the city of St. Louis, and the Missouri Department of Transportation sued Trinity, alleging products liability negligence and strict liability and negligent supply of a dangerous instrumentality for business purposes. The plaintiffs sought compensatory damages related to the costs of removing and replacing the ET-Plus Systems that included four-inch feeder chutes on Missouri roads.

The parties settled the case for $56 million, and the court later granted preliminary approval of the class action settlement. The settlement provides $3.5 million to reimburse class members that have removed and replaced four-inch ET Plus devices and $2.5 million to reimburse class members for the cost of locating four-inch ET Plus devices on roadways. Trinity has also agreed to pay class counsel fees and expenses, settlement administration costs, and a service award for class representative Jackson County.

Citation: Jackson Cty., Mo. v. Trinity Indus., Inc., No. 1516-CV-23684 (Mo. Cir. Ct. Jackson Cty. May 30, 2022).

Plaintiff counsel: AAJ member Patrick J. Stueve, Bradley T. Wilders, Alexander T. Ricke, AAJ member John J. Schirger, and AAJ member Matthew W. Lytle, all of Kansas City, Mo.