Lawsuit filed against guardrail maker dismissed

(WAVY/Walter Hildebrand)

NORFOLK, Va. (WAVY) — A lawsuit filed by a North Carolina couple against guardrail manufacturer Trinity Industries has been dismissed.

Back in October, Jose and Victoria Evans’ lawsuit was set to be tried at the Federal Courthouse in Norfolk.

DOCUMENT: Joint Stipulation of Dismissal

Their attorney told 10 On Your Side Jose was still suffering from severe neurological issues as a result of being pierced by one of Trinity’s guardrails in 2011. Their attorney said they wouldn’t have been injured if the guardrail worked.

Evans was convicted of reckless driving in that accident.

Trinity has maintained that its products are safe and well-tested.

The Evan’s case cannot be refiled.

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