In 2007 Trinity was awarded a contract with the State of Florida for the installation of Trinity’s ET-Plus end terminal system and guardrail at the intersection of State Road 33 andGroveland Airport Road in Lake County, Florida. A state-approved contractor installed theguardrail. Trinity guardrail systems are not “retail” products; rather, they are sold exclusivelyto municipalities, states, and other government entities or their contractors. See Doc. 135,Ex. U (Deposition of Trinity Vice-President of International Sales and corporaterepresentative Brian Smith) at Transcript (“Tr.”) 17. Trinity’s ET-Plus end terminal systemis comprised of over fifty component parts shipped as a self-contained package witheverything needed to assemble the entire system except the tools.
See Doc. 135, Ex. F(ET-Plus Installation Instructions) at p. 6; Doc. 135, Ex. H (Affidavit of Malcolm Ray, P.E.,Ph.D.) at ¶ 13. Developed and patented by Texas A&M University’s Transportation Institute (anagency of the State of Texas), and manufactured and sold by Trinity through a licensingagreement, a key feature of the ET-Plus end terminal system is that, upon impact, the endpiece (or extruder head) is pushed by the vehicle along the first section of guardrail until it
While much of the technical detail comes from Trinity personnel or experts it hired, Pikehas not presented evidence to dispute these points. In fact, the only evidentiary material Pikesubmitted in opposition to summary judgment were excerpts of five of the depositions of Trinity and FDOT personnel that Trinity filed in support of summary judgment, and excerptsof two other depositions of Trinity personnel. See Docs. 142 & 143.
According to Trinity’s Brian Smith, if multiple units are ordered, the guardrail and headpieces are shipped in groups, but the other parts and assembly hardware are individuallypackaged and shipped for every unit. See Doc. 135, Ex. U at Tr. 25.
Case 5:12-cv-00146-TJC-PRL Document 151 Filed 07/16/14 Page 3 of 24 PageID 5538