Hidden crash tests part of failing guard rails lawsuit

HOUSTON (KTRK) -- Two local mothers are wondering if decisions a Dallas company made when manufacturing guardrails may be responsible for their losses.

Last week, a jury in Marshall, Texas decided Trinity Industries should pay $175 million for making false claims to federal regulators about the safety of their guardrail end caps. They are supposed to absorb the impact when hit by a vehicle by peeling the guardrail off to the side. However, in crash tests, revealed for the first time during trial, show they failed badly when hit by vehicles head-on. The crash tests show the guardrails piercing the vehicle.

"I would not even wish this experience on my worst enemy," said Nancy Rundell, of Pasadena.

Rundell's son Jeremy Windham was driving home from Stephen F. Austin University in September 2010 when he fell asleep on US 59 near Kingwood. His vehicle veered into the guardrail.

"The guardrail came into the car and sheared off his right leg," described Rundell of the crash.

The guardrail, according to Austin attorney Steven Lawrence who's considered an expert on the subject, was the one in question-an ET-Plus manufactured by Trinity.

In February, there was another horrific crash near Conroe that killed 4-year-old Kalana Montgomery. The guardrail went 8 feet into her vehicle and crushed her. Her mother now wonders if its design had anything to do with her daughter's death.

"That's not what supposed to happen they're supposed to be there to save us not to hurt us," Kaaona Montgomery told Eyewitness News.

TxDOT announced Monday it will no longer use these guardrails until further notice, but can't say where or how many are already along Texas highways.

Four years later, Rundell's son has adjusted to life with a prosthetic leg. She thinks the state should be doing more.

"I do feel like it's our safety and something definitely needs to be done," said Rundell.

A TxDOT spokeswoman says the product is still federally approved and it is just too costly to remove these guardrails across the state. However, they are awaiting further safety testing ordered by the Federal Highway Administration to see what they will do next.