Nagel Rice filed a motion to reopen a fatal turnpike accident case because one of the defendants, Trinity Highway Industries, who manufactured the guardrail, got the New Jersey suit dismissed based on the allegedly fraudulent concealment of information concerning the design and safety of its products. 

Recently, Trinity Highway Industries was hit with a $175 million whistleblower verdict in Texas last fall over allegedly defective guardrails.  There, the jury found that the Dallas-based company defrauded the U.S. government, in violation of the False Claims Act, by failing to inform the Federal Highway Administration of changes it made to the guardrails in 2005, according to court papers and media reports. The plaintiffs claimed those changes involved narrowing the end caps, which allegedly increased the possibility that the rails would impale vehicles that hit them, along with their occupants.  Trinity has denied any wrongdoing in the Texas case.

The New Jersey case, Sweeney v. Air Brook Limousine, was brought by the family of Patrick Sweeney, a 34-year-old computer salesman from Pearl River, New York.  For more about the prior case click here.

 For NJ Law Journal's Coverage Click Here