On Wednesday, June 28, 2017, attorneys Theodore J. Leopold, Leslie M. Kroeger, and Poorad Razavi filed a wrongful death complaint on behalf of the family of Wilbert Byrd against the Lindsay Corporation and several related entities alleging negligence and liability.
Background
On July 2, 2016, 69-year-old Wilbert Byrd was killed on Interstate I-75 in Chattanooga, Tennessee when, while a passenger in a 2015 Ford Explorer that his nephew was driving, the vehicle left the roadway and collided with a Lindsay X-LITE guardrail end. The two relatives were traveling from Detroit, Michigan to attend a funeral in Georgia.
Instead of the guardrail properly performing and telescoping to absorb the impact or re-directing the car, as it should, the X-LITE end terminal provided no protection.
The guardrail’s W-beams penetrated the Ford Explorer and traveled through the vehicle’s cabin. It entered through the center dashboard and exited the rear windshield.
Over 60 feet of guardrail passed through the vehicle in a matter of seconds. In the process, the guardrail violently impacted Mr. Byrd, leading to a fatal injury.
The complaint alleges that the X-LITE guardrail failed to perform its intended safety function during the collision because the product was defective in its design and manufacture, and had been improperly installed due to the Lindsay Company’s failure to provide adequate installation and/or maintenance instructions to the State of Tennessee and its third party contractor.
Surviving family members hope to bring awareness to the issue of safety on our roadways and hold the Lindsay Company accountable.
Questions and Contact Information
If you have questions about this case, guardrails, highway safety, or other defective products in general, please call Mr. Leopold or Ms. Kroeger at 561-515-1400.
Media Inquiries
Please send media inquiries to: cohenmilstein@berlinrosen.com.