Practice Areas

Class Action Lawsuit BP Oil Spill

Brent Coon & Associates’ legal network employs attorneys with experience and specialization in a broad range of practice areas, including:

If you would like to know if BCA can accept your case, visit the contact us page.


Attorneys

BCA Attorneys

Brent Coon & Associates employs a uniquely qualified and diverse team of in-house and of-counsel attorneys and legal professionals all across the country. Working together as a single efficient unit, our legal team has the specialized knowledge and experience to work any type of case in any area of the country.
Click to meet our Attorneys >


Offices

Brent Coon & Associates has offices throughout the country, including Hub Offices in Beaumont and Houston, TX, Denver, CO and Los Angeles, CA. These Hub Offices, spanning all four time zones, serve as central nodes for BCA's vast legal network of associated law firms and allows BCA and its partner firms the ability to accept and try cases in any courthouse in the country. Click to view our offices >

BCA in the News

Click below to the top stories about Brent Coon and Associates. Or use the menu below to find specific articles.

Brent Coon and Associates Files First Wave of Fatality Lawsuits Against Trinity Industries over Defective Guardrails

October 27, 2015, 5:44 pm

Brent Coon and Associates Files First Wave of Fatality Lawsuits Against Trinity Industries over Defective Guardrails

Trinity Industries of Dallas, a major manufacturer of highway guardrails, was recently found guilty of fraud in Federal Court and ordered to pay over $660 Million for false safety certifications involving more than 16,000 guardrail systems across America and for whistleblower damages. While many states have now begun the process of banning these defective guardrails and replacing them, at least four tragically unnecessary injury and fatality incidents have already occurred.  

On Tuesday October 27th, 2015, Brent Coon and Associates filed a multi-family lawsuit against Trinity Industries in Dallas County District Court over several separate and tragic wrecks involving these defective “Trinity Guardrails”. Three of these occurrences involved fatalities, and a fourth involved an individual who was seriously and permanently injured. The lawsuit accuses Trinity Industries of Strict Liability, Negligence, Gross Negligence, and Fraudulent Misrepresentation and seeks to recover compensatory damages and punitive damages.

Maria Diance is a representative of her son's estate, Jose Cruz Diance of Sylmar, California. Mr. Diance was an officer of for the Los Angeles Police Department. While off duty while driving his Ford F150 and was traveling on 101 Freeway in Sherman Oaks, when he hit a Trinity Guardrail. The Trinity Guardrail entered Mr. Diance's truck, piercing Mr. Diance's pelvic and groin area ejected him from the truck. Mr. Diance was rushed to UCAL hospital where hours later he was pronounced dead from his Trinity Guardrail injuries.

Donna Coster is a representative of her son's estate, Adam Coster, of Hampton Virginia. Mr. Coster was traveling in his 2000 Acura Inspire east on I-64, when his car collided with a Trinity Guardrail. The Trinity Guardrail pierced his car, impaling Mr. Coster's body, and he was found dead on the scene by witnesses. One witness, according to police reports, believed Mr. Coster was trying to avoid a deer when the Trinity Guardrail took his life.

 

Trinity Guardrail at the location of Adam Coster's Fatal Accident

Memorial Sign for Adam Coster near where his tragic Trinity Guardrail death took place.

Terry Penn is a representative of her daughter's estate, Jennifer Penn of Frankfort, Kentucky. Ms Penn was driving her 1995 Dodge Neon home after a musical performance on U.S. 460 March 14, 2009, in wet conditions. Her car slid off the wet roads sideways, near the off ramp, where the Trinity Guardrail pierced the vehicle and impaled her.  Ms Penn suffered a crushed pelvis and internal bleeding. After multiple surgeries, Ms. Penn was pronounced dead from injuries at the University of Kentucky Albert B. Chandler Hospital a few days later.

 

 

Photo of Jennifer Penn's car after a deadly crash with a Trinity Guardrail

The lawsuit also includes a survivor, Christopher McQuire,  as a plaintiff. Mr. McQuire was almost fatality injured in an accident in DuPage County, Illinois New Year's Eve 2009. Mr. McQuire's car slid while getting on the on ramp, resulting in another  Trinity Guardrail piercing his car. He suffered 21 fractures to his pelvis, 2 broken ribs, fractured sternum, a punctured lung, and a lacerated kidney in addition to other injuries.

The Trinity Guardrail lawsuit states that some time between 2000 and 2005 Trinity Industries changed the design of it's ET Plus Guardrail which were then installed along the National Highway System. The ET Plus Guardrail had a modified or altered head” manufactured with an exit gap of approximately 1.0 inches rather than approximately 1.5 inches as originally tested, approved, and manufactured. Beginning in early 2005, yet another different or altered ET-Plus started appearing along the National Highway System and on the roads in the subject states that had a modified, revised or altered ‘head’ was manufactured with a 4" feeder chute (as opposed to the prior approved 5" feeder chute) and a shorter overall height. The ET-Plus, as modified, revised or altered in 2005 and at issue in this case, does not allow the guardrail to feed properly through the chute due to the reduced internal area of the head itself causing the guardrail to “throat lock” in the head during impact. TRINITY never officially notified or petitioned the Federal Highway Administration, the subject state’s DOT, or any branch or unit of any federal or state government for approval or consideration of the feeder chute changes as described above.

BCA Founder, Brent Coon stated, "As a result of TRINITY INDUSTRIES fraudulent conduct and misrepresentations, no one could have known or been aware of these risks, and could not reasonably know or have learned through reasonable diligence that there was a risk of impalement, serious injuries and deaths if the original and/or modified, revised or altered guardrail was struck head-on."  Fortunately, this misconduct and fraud was finally exposed in a recent whistleblower lawsuit brought by a guardrail engineer. It is clear from that case that Trinity improperly made a subsequent design modification as a cost cutting measure. The change in design saved Trinity Industries $2 dollars per guardrail head, while putting the lives of Americans in danger”. This company then fraudulently certified the thousands of guardrails as meeting original design safety and manufacturing specifications. The modified and defective guardrails unfortunately acted as spears whenever a vehicle impacted it, resulting in the guardrail materials impaling vehicles, and often the occupants. We are just now beginning to uncover the true scope of how many innocent drivers and passengers were either killed or seriously and permanently maimed on our nation’s highways from this egregious decision-making and we expect to file additional suits on behalf of other innocent victims soon. Many lives have been lost or destroyed. How many remains to be seen.  Unfortunately, most of these victims have never been made aware of the fact that the railings were, and still are, defective.     We will be calling on Department of Transportation and their Federal Highway Administration and National Highway Traffic and Safety Administration divisions, and other state based highway related agencies to take an active and highly public role in identifying each and every one of these guardrails and replacing them with properly designed and manufactured systems and participate in the identification and notice to others who were involved in these types of incidents in the past and have never been advised that the guardrails involved in their incident were defective”.   

Brent Coon & Associates prides itself on being a public policy law firm. “Our first and foremost responsibility is to our clients and recovering the best possible settlement or verdict on their individual cases,” says BCA founder Brent Coon. “But we have always felt that our firm has a broader civic responsibility to the public as well. Sometimes it’s not enough to simply get a satisfactory result for your client. We also strive to use our position to influence meaningful change in public policy and industry-specific safety standards to help make our country a safer place for our citizens to live and work.”

BCA in the News

Brent Coon in the News

Check out the latest news
and developments relating to BCA.

Brent Coon and Associates Files First Wave of Fatality Lawsuits Against Trinity Industries over Defective Guardrails

October 27, 2015, 5:44 pm

Brent Coon and Associates Files First Wave of Fatality Lawsuits Against Trinity Industries over Defective Guardrails

Trinity Industries of Dallas, a major manufacturer of highway guardrails, was recently found guilty of fraud in Federal Court and ordered to pay over $660 Million for false safety certifications involving more than 16,000 guardrail systems across America and for whistleblower damages. While many states have now begun the process of banning these defective guardrails and replacing them, at least four tragically unnecessary injury and fatality incidents have already occurred.  

On Tuesday October 27th, 2015, Brent Coon and Associates filed a multi-family lawsuit against Trinity Industries in Dallas County District Court over several separate and tragic wrecks involving these defective “Trinity Guardrails”. Three of these occurrences involved fatalities, and a fourth involved an individual who was seriously and permanently injured. The lawsuit accuses Trinity Industries of Strict Liability, Negligence, Gross Negligence, and Fraudulent Misrepresentation and seeks to recover compensatory damages and punitive damages.

Maria Diance is a representative of her son's estate, Jose Cruz Diance of Sylmar, California. Mr. Diance was an officer of for the Los Angeles Police Department. While off duty while driving his Ford F150 and was traveling on 101 Freeway in Sherman Oaks, when he hit a Trinity Guardrail. The Trinity Guardrail entered Mr. Diance's truck, piercing Mr. Diance's pelvic and groin area ejected him from the truck. Mr. Diance was rushed to UCAL hospital where hours later he was pronounced dead from his Trinity Guardrail injuries.

Donna Coster is a representative of her son's estate, Adam Coster, of Hampton Virginia. Mr. Coster was traveling in his 2000 Acura Inspire east on I-64, when his car collided with a Trinity Guardrail. The Trinity Guardrail pierced his car, impaling Mr. Coster's body, and he was found dead on the scene by witnesses. One witness, according to police reports, believed Mr. Coster was trying to avoid a deer when the Trinity Guardrail took his life.

 

Trinity Guardrail at the location of Adam Coster's Fatal Accident

Memorial Sign for Adam Coster near where his tragic Trinity Guardrail death took place.

Terry Penn is a representative of her daughter's estate, Jennifer Penn of Frankfort, Kentucky. Ms Penn was driving her 1995 Dodge Neon home after a musical performance on U.S. 460 March 14, 2009, in wet conditions. Her car slid off the wet roads sideways, near the off ramp, where the Trinity Guardrail pierced the vehicle and impaled her.  Ms Penn suffered a crushed pelvis and internal bleeding. After multiple surgeries, Ms. Penn was pronounced dead from injuries at the University of Kentucky Albert B. Chandler Hospital a few days later.

 

 

Photo of Jennifer Penn's car after a deadly crash with a Trinity Guardrail

The lawsuit also includes a survivor, Christopher McQuire,  as a plaintiff. Mr. McQuire was almost fatality injured in an accident in DuPage County, Illinois New Year's Eve 2009. Mr. McQuire's car slid while getting on the on ramp, resulting in another  Trinity Guardrail piercing his car. He suffered 21 fractures to his pelvis, 2 broken ribs, fractured sternum, a punctured lung, and a lacerated kidney in addition to other injuries.

The Trinity Guardrail lawsuit states that some time between 2000 and 2005 Trinity Industries changed the design of it's ET Plus Guardrail which were then installed along the National Highway System. The ET Plus Guardrail had a modified or altered head” manufactured with an exit gap of approximately 1.0 inches rather than approximately 1.5 inches as originally tested, approved, and manufactured. Beginning in early 2005, yet another different or altered ET-Plus started appearing along the National Highway System and on the roads in the subject states that had a modified, revised or altered ‘head’ was manufactured with a 4" feeder chute (as opposed to the prior approved 5" feeder chute) and a shorter overall height. The ET-Plus, as modified, revised or altered in 2005 and at issue in this case, does not allow the guardrail to feed properly through the chute due to the reduced internal area of the head itself causing the guardrail to “throat lock” in the head during impact. TRINITY never officially notified or petitioned the Federal Highway Administration, the subject state’s DOT, or any branch or unit of any federal or state government for approval or consideration of the feeder chute changes as described above.

BCA Founder, Brent Coon stated, "As a result of TRINITY INDUSTRIES fraudulent conduct and misrepresentations, no one could have known or been aware of these risks, and could not reasonably know or have learned through reasonable diligence that there was a risk of impalement, serious injuries and deaths if the original and/or modified, revised or altered guardrail was struck head-on."  Fortunately, this misconduct and fraud was finally exposed in a recent whistleblower lawsuit brought by a guardrail engineer. It is clear from that case that Trinity improperly made a subsequent design modification as a cost cutting measure. The change in design saved Trinity Industries $2 dollars per guardrail head, while putting the lives of Americans in danger”. This company then fraudulently certified the thousands of guardrails as meeting original design safety and manufacturing specifications. The modified and defective guardrails unfortunately acted as spears whenever a vehicle impacted it, resulting in the guardrail materials impaling vehicles, and often the occupants. We are just now beginning to uncover the true scope of how many innocent drivers and passengers were either killed or seriously and permanently maimed on our nation’s highways from this egregious decision-making and we expect to file additional suits on behalf of other innocent victims soon. Many lives have been lost or destroyed. How many remains to be seen.  Unfortunately, most of these victims have never been made aware of the fact that the railings were, and still are, defective.     We will be calling on Department of Transportation and their Federal Highway Administration and National Highway Traffic and Safety Administration divisions, and other state based highway related agencies to take an active and highly public role in identifying each and every one of these guardrails and replacing them with properly designed and manufactured systems and participate in the identification and notice to others who were involved in these types of incidents in the past and have never been advised that the guardrails involved in their incident were defective”.   

Brent Coon & Associates prides itself on being a public policy law firm. “Our first and foremost responsibility is to our clients and recovering the best possible settlement or verdict on their individual cases,” says BCA founder Brent Coon. “But we have always felt that our firm has a broader civic responsibility to the public as well. Sometimes it’s not enough to simply get a satisfactory result for your client. We also strive to use our position to influence meaningful change in public policy and industry-specific safety standards to help make our country a safer place for our citizens to live and work.”


Other BCA Websites
Brent Coon Websites

BCA has created these dedicated websites for our prospective clients.

The History of Asbestos
America's workers are suffering from number of asbestos related diseases because of corporate greed. Watch the documentary now.

Lung Cancer Fact
Lung Cancer Fact is dedicated to providing you with the lung cancer causes, lung cancer types, and lung cancer facts.

Gulf Coast Disaster
A resource dedicated to those impacted by the Deepwater Horizon Oil Rig Explosion

FELA 411
Provides railroad workers with extensive information about their legal rights and the proper process of filing a FELA claim after suffering an injury on the job.

Texas City Explosion
View evidence, video and declassified documents as they are released stemming from the BP Texas City Explosion.

BCA Mortgage Fraud
The mortgage industry has recently reached a settlement with the Office of the Comptroller of the Currency and Federal Reserve that created a multi-billion dollar fund to pay damages to victims of mortgage fraud. BCA is fighting to undo the wrongs, keeping people in their homes and getting a recovery for those who were cheated.

Defective Guardrail Lawsuits
BCA is investigating accident lawsuits regarding defective guardrails in which Trinity Industries used cost cutting measures to risk people's lives. A recent whistleblower lawsuit shows ties between defective guardrails to an increase chance of injury and death.

BCA Testosterone Lawsuits
BCA is investigating Low T or Testosterone Therapy products Lawsuits. Studies have linked products like AndroGel to an increased risks of Heart Attack and Strokes

GM Recall Lawsuits
BCA is investigating General Motors Recall lawsuits involving the mass recall of vehicles due to faulty ignitions.

Cell Phone Cancer Lawsuits
BCA is investigating Cell Phone Lawsuits after studied link cell phone use to an increased risk of Cancer.

Petrochemical Law
When it comes to Petrochemical Law, we are the experts. Nationally known, a partner with the US Government, turned to by the media, trusted by the labor organizations.

Porter Ranch Gas Leak Lawsuits
BCA is investigating loss of revene lawsuits for local businesses due to the Porter Ranch Gas Leak.

BCA Business Services
Brent Coon and Associates wants to be your go-to law plaintiff law firm for any business related litigation needs your company may be facing.

BCA Alternative Dispute Resolution
BCA now offers high end mediation and arbitration as part of our dispute resolutions services.
A website created for the press to follow all the latest developments in BCA vs. BP.

National Attorney Network
This website is a service for our referring counsel designed to assist in the client retaining process.

Sunoco Fire Lawsuit
A Legal Resource Dedicated to the Victims of the Sunoco Explosion Tragedy

Flight Attorney
BCA's Aviation Law Focus has a proven track record for handling complex, multi-party aviation cases and claims.

Auto Rollover
The team at Brent Coon and Associates knows when a vehicle rollover or the resulting injury is caused by the shortcomings in the design of the vehicle.

Chamber Sentry
The Institute for Legal Reform is trying to close your court house doors. Learn what you can do to help.

Remember the 15
Join BCA as we push a landmark bill through the Texas House & Senate.

My Safety Rights
A website created and dedicated to helping protect women's safety rights.

PharmAttorney.com
Legal Rights resources for those who have suffered from dangerous pharmaceutical drugs including Xarelto Lawsuits .

Crane Failures
Looking at the reasons behind the recent surge in Crane accidents including news stories, statistics and commentary from industry experts.

Pillot Building
A website dedicated to the historic Pillot Building located in the heart of downtown Houston. Its sophisticated design and ambiance makes it the perfect place to host meetings, fundraisers and celebrations.

Top Maritime Lawyers
Learn more about The Jones Act and Maritime & Admiralty Law from our team of attorneys.

BCA Biker Rights
BCA's Biking community website. Find legal resources related to motorcycle enthusiasts.

IVC Filter Lawsuits
There have been recent studies that suggest that IVC Filters which are used to prevent pulmonary embolism are breaking have shards of metal travel throughout the body at an alarming rate. Learn if you qualify for an IVC Filter Lawsuit.



BCA Community Involvement
Charity Work Brent Coon

BCA has created this section of our website to acknowledge the tremendous effort on behalf of our attorneys and employees in support of national and local charities. Click for BCA Charities >

Copyright 2015 All Rights Reserved