Stratford, Ont., settles guardrail ‘spear’ action against Trinity for $400K
TORONTO — A proposed Canadian class action that alleged secret cost-saving design changes made to a highway safety guardrail had in fact turned the barrier into a potentially lethal spear has been settled, court documents show.
This week’s settlement of the $500-million action filed by the city of Stratford, Ont., in February 2015 will see Trinity Industries pay $400,000 — without any admission it did anything wrong.
“Neither this agreement nor anything in it shall be interpreted as a concession or admission of wrongdoing or liability by (Trinity),” the settlement agreement states. “In fact, the defendants continue to vigorously dispute and contest the allegations made in the action.”
About $131,000 of the settlement money will go to the Canadian National Institute for the Blind, $15,000 will go to the city as an honorarium, and the rest will cover disbursements incurred by its law firm, McKenzie Lake Lawyers.