Additionally, the FHWA and the American Association of State Highway Transportation Officials (AASHTO), following months of data collection and analysis, made significant findings in their March 11, 2015 Report, including their conclusion that there is a single version of the ET Plus 4” Guardrail End Terminal installed on roadways around the country.
After the FHWA/AASHTO task force released its report and the ET Plus successfully passed all eight crash tests, Trinity filed motions with the Federal District Court in the False Claims Act case to take judicial notice of the task force findings, the FHWA’s crash test determination, and Southwest Research Institute’s crash test reports.
Following each of Trinity’s filings for judicial notice, Mr. Harman filed opposition motions in which the predominant theme was to attack the processes, analyses, and findings of the FHWA, its independent consulting expert, the testing agency, AASHTO, and the efforts of the FHWA/AASHTO joint task force.
These unfounded attacks and criticisms caused Trinity to file replies to Mr. Harman’s opposition motions. Our replies are posted on this website and are intended to highlight the inconsistencies and inaccuracies of Mr. Harman’s attacks on the integrity and professionalism of the FHWA, its independent expert, and even Southwest Research Institute, who have each determined that the test results are in full compliance with NCHRP Report 350 criteria.