1.800.THE FIRM | 1.800.843.3476
The Cochran Firm Legal Blog
With Office Locations Nationwide
Tuesday, November 4, 2014
Whistleblower Stops Trinity’s Faulty Designs Injuring Motorist
Whistleblower
Stops Trinity’s Faulty Designs Injuring Motorist
By Leslie Watkins, Intern
The Cochran Firm
Josha
Harman blew the whistle on Trinity
Industries Inc. and Trinity Highway Products, LLC (collectively, Trinity) that
manufactures highway safety equipment. Harman filed
a complaint on behalf of the United States and himself to protect unknowing
citizens who drive on the Federal highways system from Trinity’s ET-Plus
guardrail end terminals.
The
ET-Plus system, known as the “head,” are often marked with yellow and black or
black and white reflectors attached to the side of w-beam guardrails facing
on-coming traffic on a public highway. In conjunction with the “head,” the
w-bean guardrails placed longitudinal on the side of highway are designed to
flatten the guardrail into a ribbon to absorb vehicle impact to minimize injury
of a motorist. However, through research and a combination of public
records, Harman was able to conclude that Trinity altered the ET-Plus system,
approved by the Federal Highway Administration (FHWA), design without the
approval or disclosure of the Federal Highway Administration, which provided
reimbursement from the government to Trinity for installing the ET-Plus
system on guardrails.
Modifications
of the “head” between 2002-2005 were reportedly dangerous upon impact through
locking up and not flattening out, creating further damage to the vehicle and
motorist. In the precedent case, on behalf of the United States against Trinity
in the U.S. District Court for the Eastern District of Texas, Harman alleged
that Trinity’s lack of disclosure and certainty of false statements about the
modifications of the ET-Plus System violated the False Claims Act. The matter
decided by the jury at trial awarded $175,000,000.00 in damages in favor of the
United States finding Trinity knowingly made or submitted false claims.
The
False Claims Act (FCA) provides whistleblowers that are private individuals
with knowledge of fraud, whether past or present, on the federal government to
bring a request or demand on behalf of the federal government to recover
damages. Harman under the FCA was able to make a demand or request to meet all
elements of the Act required to bring a claim:
First,
(1) Trinity made or, by record or
statement, caused to create a claim for payment against the government;
Secondly, (2) the claim, record, or statement was materially false or
fraudulent; and finally, (3) the false or fraudulent claim, record, or
statement made by Trinity was made knowingly.
Alterations
of the ET-Plus units not specifically disclosed to the Federal Highway
Administration were not tested in accordance to the protocol of the FHWA. Test
of the ET-Plus system in 2005 disputed whether the systems tested were of the
modifications or not, furthering Harman’s claims of the test being
misrepresented, not ensuring the safety of the systems.
With
the return of the juries’ verdict on behalf of the United States, more states
in addition to the previous mid-west states such as Texas are banning the usage
of ET-Plus systems to minimize the risk of further injuries of motorist driving
on public highways. Motorists that receive additional injuries themselves
or to a vehicle upon impact of the “head” locking up and not flattening out the
guardrail as designed, should seek an attorney to inquire about any possible
recourse for damages. Of course, safety comes first but in the event of a risk
to others or self, if there are any causes of action that may endanger public
safety that are funded by the government through private industry, as Harman
did, blow the whistle and seek proper authorities to help prevent future
incidents.
This article is based on the law as it stands on October 31, 2014, and the facts in the case of United States ex rel. Harman v. Trinity Indus., 2014 U.S. Dist. LEXIS 973,2014 WL 47258 (E.D. Tex. Jan. 3, 2014) and Jury Verdict of October 14, 2014.
posted by The Cochran Firm at 1:20 PM
<< Home