Canadian highway guardrail lawsuit continues despite U.S. court ruling
TORONTO — A proposed Canadian class action over a highway safety guardrail is going ahead even though an American Appeal Court has found no evidence the manufacturer made secret cost-saving design changes the plaintiffs allege turn the barriers into potentially lethal spears.
Lawyer Matthew Baer said he had not read the U.S. decision, but said a hearing on whether the $500-million lawsuit he filed on behalf of the town of Stratford, Ont., against Trinity Industries will be certified as a class action is likely to be heard in February.
“My understanding of that (American) lawsuit…was that it only had to do with Trinity’s modifications not having been disclosed,” Baer said. “This (Canadian) case is with respect to the alleged increased safety risks of using the modified units.”
At issue is Trinity’s ET Plus — the end unit of the guardrail — which is supposed to absorb impact and guide the rail so a crashing vehicle doesn’t slam into the rigid steel end. The system has been installed on highways across the U.S. and Canada.