Lawsuit over controversial guardrails moving forward in Va.

Lawsuit over controversial guardrails moving forward in Va.

RICHMOND, VA (WWBT) - A Richmond judge rules that the case against a company accused of secretly changing the design of its guardrails will move forward here in Virginia.

After an hour and a half hearing, Richmond Circuit Court Judge Bradley Cavedo rejected Trinity's motion to dismiss the case.

In December, Virginia joined a whistle-blower lawsuit against Trinity alleging the company cheated taxpayers by failing to disclose changes it made to E-T Plus guardrails. There are thousands of these guardrail end caps on Virginia roads.

NBC12 has just learned Virginia has decided to do additional crash testing of the guard rails. This is on top of tests done by the federal government. Trinity's guardrails passed in those tests.

Attorney General Mark Herring says he wants to ensure that if testing shows the product is unsafe, Trinity bears the cost of removal and replacement and NOT Virginia taxpayers.

Those tests are expected to happen in mid-September. Trinity says the new tests are not needed. The company has 21 days file its response to Virginia's allegations.

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