Missouri, Kansas question safety of guardrails

KANSAS CITY, Mo. -- Missouri and Kansas transportation officials have suspended installations of a guardrail system after concerns that parts of the guardrails break off on impact and run through vehicles, causing injuries to drivers and passengers.

The two states are among 40 that suspended use of the ET-Plus guardrail system over safety concerns and in response to lawsuits filed after collisions with the guardrails, The Kansas City Star reported.

A fatal accident in January in Clay County bolstered critics' arguments. Bradley J. Abeln of Polo, Missouri, died Jan. 17 when his vehicle was forced into a Trinity guardrail near Liberty. A heavy device known as the "end terminal," which fits over the end of the guardrail, was thrust into the driver's seat, ejecting Abeln and his passenger, according to court records.

The end terminal is intended to absorb energy and push the guardrail away from the vehicle. A lawsuit filed on behalf of Abeln's four children alleges undisclosed design changes in the system made in 2005 caused the end terminal to instead lock up and bend.

"When the beam locked up, it contacted the driver's door and drove the driver's door into the driver's seat," said attorney Kent Emison, who represents Abeln's children.

The lawsuit was filed in June and the state of Missouri stopped installation of the system in September.

The manufacturer of the system, Trinity Industries in Dallas, suspended sales of the ET-Plus system in October after a jury in that state imposed a $175 million judgment against the company over allegations that it changed design specifications in 2005 without notifying the Federal Highway Administration, which reimburses states for guardrails on federal highway projects. That judgment triples to $525 million under federal law.

After the verdict, the company set up a new round of testing for the system, which is expected to conclude in January. A Trinity spokesman predicted the new tests will show the ET-Plus system is safe.

"We have full confidence in the ET-Plus guardrail system," spokesman Jeff Eller said. "We have confidence it will pass."

The state of Missouri also partially funded a study which found the ET-Plus is four times more likely to be involved in fatal accidents than an earlier system. It is inventorying its guardrails to determine what equipment is in the field, said Sally Oxenhandler, a transportation department spokeswoman.

"The Missouri Department of Transportation was one of the first state [transportation departments] to recognize this problem, track the problem and take steps to make the roadways safer," Emison said.

Kansas transportation officials said 396 such systems are in use in the state and installation of any new ET-Plus systems has been suspended.

Information from: The Kansas City Star, http://www.kcstar.com