ORDER

TIMOTHY J. CORRIGAN, District Judge.

Plaintiff Charles Pike was the passenger in a Ford F-150 truck when it went off the road and struck a guardrail in Lake County, Florida on October 29, 2010. The end terminal of the guardrail, which had been improperly repaired in 2009 by the Florida Department of Transportation ("FDOT") following an earlier accident, entered the truck cabin through the passenger side wheel well causing terrible injuries to Pike, a young man whose medical treatment included a below-the-knee leg amputation.

In this lawsuit, Pike claims that the guardrail system manufacturer, Trinity Highway Products, LLC and its parent company, Trinity Industries, Inc. (together, "Trinity"), failed to warn FDOT that its guardrail system could fail if not repaired in compliance with the original installation instructions. Trinity has moved for summary judgment on several grounds. Upon review, the Court holds as a matter of law that FDOT is a "sophisticated user" of guardrail systems, familiar with the protocols for their installation, inspection and repair. Therefore, Trinity had no duty to warn FDOT of the danger of negligent repairs, and summary judgment is due to be entered in Trinity's favor.

I. Standard of Review

Summary judgment is appropriate where "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). "An issue of fact is `material' if, under the applicable substantive law, it might affect the outcome of the case. An issue of fact is `genuine' if the record taken as a whole could lead a rational trier of fact to find for the nonmoving party." Harrison v. Culliver, 746 F.3d 1288, 1298 (11th Cir.2014) (citation omitted). The Court "must view all evidence and reasonable inferences in the light most favorable" to the non-moving party; however "the mere existence of a scintilla of evidence in support of [that party's] position will be insufficient." Miller's Ale House, Inc. v. Boynton Carolina Ale House, LLC, 702 F.3d 1312, 1316 (11th Cir.2012) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

This case is brought under the Court's diversity jurisdiction1 and the parties agree that Florida law governs.

II. Background2

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 and Groveland Airport Road in Lake County, Florida. A state-approved contractor installed the guardrail. Trinity guardrail systems are not "retail" products; rather, they are sold exclusively to municipalities, states, and other government entities or their contractors. See Doc. 135, Ex. U (Deposition of Trinity Vice-President of International Sales and corporate representative Brian Smith) at Transcript ("Tr.") 17. Trinity's ET-Plus end terminal system is comprised of over fifty component parts shipped as a self-contained package with everything needed to assemble the entire system except the tools.3 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 (an agency of the State of Texas), and manufactured and sold by Trinity through a licensing agreement, a key feature of the ET-Plus end terminal system is that, upon impact, the end piece (or extruder head) is pushed by the vehicle along the first section of guardrail until it hits a self-releasing cable, which then causes the guardrail to feed through the extruder head, flattening and deflecting away from the vehicle. Doc. 135, Ex. D (Deposition of Roger P.J. Bligh, Ph.D., Texas Transportation Institute research engineer) at Tr. 17-18.4 The ET-Plus assembly includes a rail with specially designed slots into which the ET-Plus cable anchor bracket fits. Other (non-ET-Plus) cable anchor brackets do not fit into the specially designed slots and therefore cannot be installed on the ET-Plus rail. See Doc. 135, Ex. U at Tr. 32-33. As explained in Trinity's installation instructions for the ET-Plus guardrail end treatment:

Doc. 135, Ex. F (ET-Plus Installation Instructions) at p. 15. Trinity manufactures several variations of the ET-Plus system to accommodate various state standards. See Doc. 135, Ex. L (Deposition of Don J. Gripne, Trinity representative and trainer) at Tr. 14. The ET-Plus Installation Instructions reference variances in the materials list and installation procedures depending on a given state's specifications and preferred options. See Doc. 135, Ex. F (ET-Plus Installation Instructions) at pp. 1-6.

In addition to the Trinity Installation Instructions, FDOT has its own materials used to train employees about guardrail installation, inspection and maintenance. According to FDOT, "[g]uardrail systems comprise the rail that runs down the road and the end treatment that protects vehicles from end-on hits." Doc. 135, Ex. O (FDOT Computer Based Training ("CBT") Slides) at Guardrail Introduction slide 6. The training slides explain that the focus is mainly on end treatments, "because they are the most complicated part of the system and require the most rigorous inspection." Id. FDOT explains that the first step in guardrail installation is to "[r]eview [the guardrail's] [d]esign [s]tandards and manufacturer's specifications" and further instructs that the "[i]nstallation of end treatment varies according to treatment used." Id. at Guardrail Installation slides 1, 11. The audio that accompanies the training slides explains that "[a] guardrail will protect the public only if it [is] properly installed and inspected." Doc. 135, Ex. P (FDOT CBT Transcript) at Tr. 8. FDOT explains that "[o]nce the installation is completed, the maintenance of the terminals is now the responsibility of the State or Highway agency." Id. at Tr. 41. The FDOT materials include instructions on the installation of various types of end treatments, using the ET-2000 as an example of a parallel end treatment.6 Id. at Tr. 8-9. The ET-2000 is described as a cable-anchored system whose impact head is designed to travel down the guardrail path, while the guardrail is forced through a feeder chute and flattened and curled away from the impact. Id. at Tr. 9. Detailed instructions for the entire installation are then described. Id. at Tr. 9-13.

Guardrail repairs are supervised by an FDOT employee using either FDOT laborers or prison inmates for the work crew and are then inspected by an FDOT supervisor. Doc. 135, Ex. B. (Deposition of FDOT engineer Philip Maggio) at Tr. 21-25. Maintenance and repair are discussed in the ET-Plus installation instructions, which explains that inventory should be taken following an accident to determine which parts may be reusable and which may need to be replaced. Doc. 135, Ex. F at p. 19. The Trinity instructions state that the anchor cable and bracket should be checked for damage and that, once replacement parts have been obtained, the system can be repaired "following the installation instructions." Id. As noted above, the installation instructions explain that the ET-Plus cable anchor bracket is secured to the rail panel by inserting the protruding hooks on the bracket into the slots in the rail panel. Doc. 135, Ex. F (ET-Plus Installation Instructions) at p. 15 (emphasis added). The FDOT training materials also include detailed instructions for inspecting various guardrail systems, directing the inspector in each instance to "[a]sk yourself, as the inspection begins, is the guardrail installed according to the Design Standard used at the time of installation." Doc. 135, Ex. P (FDOT CBT Transcript) at Tr. 30-31.

Trinity also offers training to state departments of transportation and contractors whenever requested. Doc. 135, Ex. L (Gripne Deposition) at Tr. 34-35. Trinity representative Don Gripne conducted a training session with approximately 50 FDOT maintenance employees on November 6, 2008 in Lake City. See Doc. 135, Ex. M (course roster), Doc. 135, Ex. L. (Gripne Deposition) at Tr. 36-40. Trinity's training sessions typically include handouts of the relevant installation manuals and design drawings, and a slide presentation about the various products used by that state, including photographs of the guardrail systems and their components. Id. at Tr. 8, 47-50. Gripne testified that the training sessions are tailored to the needs of each particular state and the design drawings used in the slides he showed at the FDOT training session were created by the state, depicting the guardrail systems used in Florida. Id. at Tr. 47.

Trinity has a trailer with examples of the various products that it sometimes brings to training sessions to provide hands-on demonstrations of how the systems work. Gripne brought the trailer to the 2008 Lake City training session; samples of the ET system and the SRT system were on the trailer.7 Id. at Tr. 47, 81. Gripne's FDOT presentation included instruction about the ET-Plus and two other Trinity products used on Florida roadways and a demonstration of a new product. Id. at Tr. 37-38. At the conclusion of Gripne's four-hour training session in Lake City (which included review of over 100 slides), he administered a test at the request of FDOT so that the correct answers could be reviewed with everyone to ensure a complete understanding of the installation and maintenance of the Trinity guardrail systems that had been discussed during the session. Id. at Tr. 36-37, 39. One of the questions on the test addressed the manner of installing a cable anchor bracket to the ET-Plus. Doc. 135, Ex. N (FDOT test administered by Gripne).8

In 2009, an accident at the State Road 33 and Groveland Airport Road intersection caused impact to the ET-Plus guardrail. Following this 2009 accident, and contrary to all of these Trinity and FDOT training materials and instruction manuals, FDOT employee Richard Houle, who had attended the 2008 training session, repaired the guardrail with an FDOT field crew and prison inmates by using a "random collection" of parts from the FDOT warehouse. Doc. 135, Ex. H (Ray Affidavit) at ¶ 15. The new assembly included an obsolete piece of guardrail built in 1965 that had not been approved for use on U.S. highways since 1994 and an assortment of parts that are not components of the ET-Plus system. Id. at ¶ 16. In fact, out of the fifty or so separate parts used to assemble an ET-Plus guardrail end terminal, only one part used in the 2009 FDOT repair was from the ET-Plus system — the extruder head. Id.9 Critically, instead of using an ET-Plus breakaway cable anchor bracket with the special ET-Plus slotted rail that goes with it, FDOT fastened the ET-Plus extruder head to a parallel end treatment rail using a cable anchor system that bolts onto such a rail. Doc. 135, Ex. R (Ray Report) at p. 9. Connecting the ET-Plus extruder head in this fashion rendered the end terminal completely nonfunctional in that it could no longer slide along the guardrail, feeding, flattening, and deflecting the guardrail away from the vehicle as the ET-Plus system was designed. Id. at ¶¶ 17-18. Instead, the end terminal essentially became part of an immoveable battering ram awaiting impact.

FDOT's faulty repairs remained unnoticed and were still in place at the time the truck Pike was riding in struck the end terminal in October 2010. Because the end terminal used a cable anchor system that was bolted to the guardrail instead of being fastened by self-releasing hooks, the guardrail could not feed through the extruder head and flatten and slide away from the impact; instead, the end terminal and guardrail entered the passenger side of the truck, nearly severing Pike's leg on impact.

III. Legal Proceedings

In April 2011, Pike sued both FDOT and Trinity Highway Products, LLC in state court bringing claims of negligence as to FDOT for the faulty repair on the guardrail and negligent and strict liability failure to warn as to Trinity. Doc. 135, Ex. A (State Court Complaint). On March 13, 2012, after discovery was complete, the parties appeared for a hearing before the state court judge in which Pike's counsel explained he had discovered that it was not the faulty repair that caused the accident, rather, it was a change in the ET-Plus design that prevented the end terminal from working properly.10 Doc. 135, Ex. I (transcript of state court hearing) at Tr. 7, 28-29. On March 19, 2012, Pike voluntarily dismissed the state court suit (thus, dropping all claims against FDOT) and filed this federal diversity case against Trinity alleging theories of negligence, gross negligence, and strict liability, related largely to the alleged design defect. Approximately six months later, when Trinity's counsel stated his understanding that Pike had withdrawn the failure to warn claims in this federal suit, Pike amended the complaint to clarify that, in addition to the design defect claims, he was alternatively pursuing the failure to warn claims. Trinity then filed a motion for summary judgment as to all claims.11 Pike only responded as to the failure to warn counts and his counsel confirmed at oral argument that, despite his initial enthusiasm for the design defect theory, he has now abandoned the design defect claims.12 Thus, as Pike has now postured his case, he is no longer seeking to hold FDOT responsible for negligent installation, repair and maintenance of the guardrail, nor is he claiming a defect in Trinity's design of the guardrail system. He is proceeding solely on a failure to warn theory against Trinity.

IV. Discussion

In Counts VII through X of his amended complaint (Doc. 54), Pike brings claims of negligence and strict liability against Trinity based on failure to warn, alleging that Trinity failed to warn FDOT personnel that parts from other guardrail systems could not be combined with `Trinity's ET-Plus guardrail system without compromising the system's integrity.13

While Florida law recognizes claims of negligent and strict liability failure to warn,14 it also recognizes the "sophisticated user" or "learned intermediary" doctrines which relieve a manufacturer of the duty to warn where there is a sophisticated user or learned intermediary with knowledge of the hazard. See Felix v. Hoffmann-LaRoche, Inc., 540 So.2d 102, 105 (Fla.1989) (approving appellate court opinion affirming summary judgment for drug manufacturer in suit by patient where prescribing physician was a learned intermediary; holding as a matter of law that inadequate warning could not have been proximate cause of injury because doctor was aware of danger, thus manufacturer could not be penalized for doctor's failure to convey the danger to the patient); Edward M. Chadbourne, Inc. v. Vaughn, 491 So.2d 551, 552-54 (Fla.1986) (holding that road contractor had no liability for injuries suffered by auto accident victim as a matter of law where FDOT had responsibility for testing, examining, maintaining and repairing the roadway and was a highly knowledgeable and sophisticated purchaser); Talquin Electric Co-op., Inc. v. Amchem Products, Inc., 427 So.2d 1032, 1033 (Fla. 1st DCA 1983) (holding herbicide supplier bore no liability as a matter of law for company's misuse of product where company was aware that the herbicide would kill farmer's crops if it was used near irrigation water; explaining that a "knowing misuse of a product does not render the manufacturer liable"); Zunck v. Gulf Oil Corp., 224 So.2d 386, 386-88 (Fla. 1st DCA 1969) (affirming summary judgment in favor of bulk supplier of odorless natural gas where supplier informed its retail distributor that supplier had not added odorant and where retail distributor told supplier that it would add odorant, yet failed to do so, leading to fatal explosion in retail customer's home); Prather v. Upjohn Co., 797 F.2d 923, 924-27 (11th Cir.1986) (affirming entry of directed verdict in favor of manufacturer on strict liability failure to warn claim under Florida law where manufacturer's foam product was sold exclusively to "knowledgeable industrial" customers who were advised that heating the foam could release toxic fumes, even though customer's employee was directed to heat the foam and was never warned of danger); Rounds v. Genzyme Corp., 2011 WL 692218 (M.D.Fla. Feb. 18, 2011) (granting drug manufacturer's motion to dismiss under Florida law where doctor had knowledge of danger but failed to convey it to patient). See also, Restatement (Second) of Torts, § 388, Comment k (advising that a warning of defect is unnecessary where a supplier has "reason to believe that those who use it will have such special experience as will enable them to perceive the danger ...") (as cited by Alvarez v. E & A Produce Corp., 708 So.2d 997, 1000 (Fla. 3d DCA 1998)). Whether a duty is owed to a party under Florida law is a question of law for the court rather than a jury. Virgilio v. Ryland Group, Inc., 680 F.3d 1329, 1339 (11th Cir.2012) (citing McCain v. Florida Power Corp., 593 So.2d 500, 502 (Fla.1992)); Insua v. JD/BBJ, LLC, 913 So.2d 1262, 1263 (Fla. 4th DCA 2005) (affirming summary judgment for manufacturer who had no duty to warn electrician of danger of electrocution, explaining that "[w]hether a duty exists is a question of law for the court").15

As described by the Michigan Court of Appeals,16 the rationale behind the sophisticated user doctrine is that "[a] seller or manufacturer should be able to presume mastery of basic operations by experts or skilled professionals in an industry, and should not owe a duty to warn or instruct such persons on how to perform basic operations in their industry." Ross v. Jaybird Automation, Inc., 172 Mich.App. 603, 432 N.W.2d 374, 376 (1988). As similarly explained by the Michigan Supreme Court:

Antcliff v. State Employees Credit Union, 414 Mich. 624, 327 N.W.2d 814, 821 (1982). See also, Parker v. Schmiede Machine and Tool Corp., 445 Fed.Appx. 231, 234 (11th Cir.2011) (explaining that under Georgia law, the sophisticated user or learned intermediary doctrine relieves a manufacturer of liability for failure to warn where members of the profession to whom the product is sold are generally aware of hazards known to the trade); Carmical v. Bell Helicopter Textron, Inc., 117 F.3d 490, 495 (11th Cir.1997) (holding that helicopter manufacturer had no duty under Georgia law to warn pilot that loss of lubrication to gearshaft could result in engine failure where pilot knew that maintenance of an oil lubricated engine required lubrication to engine); Powell Duffryn Terminals, Inc. v. Calgon Carbon Corp., 4 F.Supp.2d 1198, 1203 (S.D.Ga.1998) (holding that chemical storage terminal was a sophisticated user under Georgia law to whom Calgon had no duty to warn that its cleaning product would ignite when used near stored chemicals); Fernandez v. Tamko Bldg. Products, Inc., 2 F.Supp.3d 854, 864, 2014 WL 905115, *6 (M.D.La. March 7, 2014) ("Louisiana does not hold that a manufacturer is compelled to warn sophisticated purchasers of dangers of which the buyer either knows or should be aware.") (citation omitted); Duane v. Oklahoma Gas & Elec. Co., 833 P.2d 284, 287 (Okl.1992) (holding that oil suppliers had no duty to warn of danger to commercial customer whose negligence or oversight resulted in explosion that injured its employee).

Trinity argues (and pled as an affirmative defense) that FDOT is a sophisticated user to whom it had no duty to warn under Florida law. Among others, Trinity cites Edward M. Chadbourne, in which the Florida Supreme Court held that Chadbourne, an FDOT road contractor, had no liability for injuries suffered by Vaughn in an auto accident. Vaughn was injured and his wife was killed when their car hit a drop off on a county road laid by Chadbourne. 491 So.2d 551. In quashing the district court's reversal of the trial court's granting of summary judgment, the Florida Supreme Court held Chadbourne bore no liability because the public road it created was not a product for purposes of strict liability, and FDOT, to whose specifications the road was created and inspected, "ha[d] at least as much knowledge about road construction as does Chadbourne." Id. at 553. Additionally, the road was manufactured in accordance with state procedures, was tested and inspected by "a highly knowledgeable and sophisticated purchaser [FDOT]," and the responsibility for the maintenance and repair of the road rested with the County, not Chadbourne. Id. at 554. Pike does not contest the existence of the sophisticated user doctrine under Florida law, but argues Chadbourne is not on point because the Court's primary holding was that a county road was not a product, where here Trinity designed and manufactured a sophisticated, highly engineered guardrail system. As opposed to the construction of a road, with which FDOT is well familiar, Pike contends that Trinity has far superior knowledge with regard to the construction of its guardrail system.

However, the issue here is not the engineering and construction of the guardrail system (although FDOT is familiar enough with those that it has its own design drawings and state standards that Trinity is required to follow), but its repair and maintenance, matters that FDOT handles exclusively. As discussed above, FDOT has created an entire set of training materials devoted to guardrails, discussing the various types and how to install, maintain, repair and inspect them. See Doc. 135, Ex. O, P. The FDOT materials explain that "FDOT is responsible for maintaining guardrail systems so they function correctly" (Doc. 135, Ex. O (FDOT CBT Slides) at Guardrail Introduction slide 5); it explains that end treatments "are the most complicated part of the system and require the most rigorous inspection" (Id. at Guardrail Introduction slide 6) and directs employees to consult the manufacturer's instructions (Id. at Guardrail Introduction slide 2). The FDOT materials include step-by-step instructions with photos for installing various systems, including the ET-2000 (the self-releasing cable system manufactured by Trinity that is the earlier generation of the ET-Plus). Doc. 135, Ex. O.

FDOT accepts its responsibility for the repair of the guardrail system at issue and admits that it failed in its responsibility. FDOT Operations Engineer Philip Maggio testified that the inspector who signed off on the 2009 repair (James Hudson) should have noticed that the end terminal was not right. Doc. 135, Ex. B (Maggio Deposition) at Tr. 111. Hudson's supervisor, FDOT field manager James Tyson, also testified that he did not know why Hudson didn't notice that the wrong cable anchor bracket was used. Doc. 135, Ex. J (Tyson Deposition) at Tr. 13, 16. Hudson himself, who had worked for FDOT for approximately ten years at the time of the 2009 repair, testified that the repair protocol includes walking the length of the guardrail to ensure that it is all assembled correctly. Doc. 135, Ex. C (Hudson Deposition) at Tr. 36. Hudson had attended the 2008 Trinity training session that Gripne conducted17 and had also traveled to Orlando on a prior occasion to attend a Trinity training session that included a demonstration of the various Trinity end terminals and rails. Id. at Tr. 16-19. Hudson recalled that at the Orlando training session Trinity staff answered questions posed by FDOT staff regarding the proper use of certain end treatments and rails. Id. at Tr. 19. While Hudson did not recall receiving instruction about ensuring that the correct parts were used, he did recall that the Trinity representative at the Orlando session explained how the ET-Plus and the SRT-350 systems were designed and how the systems each functioned during crashes.18 Id. at Tr. 20. Hudson said when making repairs, FDOT consults the design drawings and manufacturer's booklets for the particular guardrail to ensure the repair is done properly. Id. at Tr. 11, 34. Hudson was familiar with the design drawings for the ET-Plus system and had consulted them in the past when making repairs. Id. at Tr. 34. Hudson explained that in addition to on the job training, staff are trained on the FDOT CBT course (described above) before going into the field to repair guardrails. Id. at Tr. 25-26. Hudson said that when conducting inspections, he used to bring a parts list along to make sure repairs were done properly but as he has become more experienced, he just uses a mental list. Id. at Tr. 28-29.

Hudson said, "I guess it was an oversight" that the end terminal was misassembled during the 2009 repair — and it was "hard for [him] to believe" that the wrong bracket was there and that he "didn't catch it." Id. at Tr. 32. Hudson said somebody must have picked up the wrong part (Id. at Tr. 34-35), revealing that he as an inspector knew there was a right way and a wrong way to assemble the end terminal and that bolting a cable anchor bracket to the rail on an energy-absorbing self-release system like an ET-Plus was the wrong way.19

Notwithstanding the FDOT training protocols, Richard Houle, the FDOT employee who handled the 2009 repair, testified that "in the real world" employees just go to the back of the FDOT warehouse and look for parts that look like the parts that are broken and piece it all back together. Doc. 135, Ex. K at Tr. 45-46. Houle, a six-year employee of FDOT, testified that his formal training consisted of shadowing other employees who taught him how to repair guardrails by essentially putting them back the way they were before. Id. at Tr. 22. If a part cannot be located in the FDOT warehouse yard, someone from the warehouse would order the part. Id. at Tr. 36. Houle testified that a copy of the ET-Plus parts list was kept on a shelf in the carpenter's room, which was essentially the "junk room." Id. at Tr. 40-41. According to Houle, "[w]e've got books laying all over the place around here .... [w]e could pretty much pick them up and review them at any time we choose to." Id. at Tr. 42. However, although the books with design drawings are available, Houle claimed no one consults them. Id. at Tr. 38-40. Houle agreed that with respect to the guardrail involved in the Pike accident, the other end of the same guardrail was assembled differently (correctly) but he says he repaired the damaged end to be the same way he found it (suggesting, perhaps, that FDOT had improperly repaired this same guardrail even earlier than the 2009 accident). Id. at Tr. 50-51.20

Without a doubt, Houle did not follow Trinity's instructions or FDOT protocol when making the 2009 repairs and his failure to do so resulted in serious injuries to Pike.21 When the 2009 repair was complete, what was left was not an ET-Plus guardrail system, but an ET-Plus extruder head added to a handmade, non-tested, non-engineered hodge-podge of guardrail pieces that unfortunately, but predictably, failed upon impact. Whether Trinity has a duty to warn a customer cannot depend on whether that customer fully trains and supervises its entire staff. FDOT had a protocol for training its staff and for repairing and inspecting the guardrails FDOT — not Trinity — is charged with maintaining. It is undisputed that if FDOT staff had followed its protocols, this guardrail would not have failed. Indeed, at oral argument, counsel for Pike conceded that Trinity's duty extended to FDOT and it is FDOT that has the duty and obligation to train its own employees. See Doc. 149 at Tr. 44-45.

Here, Houle's superiors are experienced in guardrail maintenance, repair and inspection and understood the importance of proper assembly even if Houle did not. FDOT engineer Maggio testified as to his knowledge of the two types of guardrail systems and those systems are carefully described in the FDOT computer based training materials. See Doc. 135, Ex. B (Maggio Deposition) at Tr. 33, Ex. O (FDOT CBT slides), Ex. P (FDOT CBT transcript). FDOT presumably purchased the ET-Plus guardrail system because of its energy-absorbing feature and FDOT was in a position to understand that the system cannot function properly if the self releasing cable anchor bracket — a key component of the system — is bolted to the rail. Indeed, FDOT's own operations engineer and supervisor both agreed it was a mistake to secure the ET-Plus extruder head using a bolted on cable anchor system in the 2009 repair. Doc. 135, Ex. B (Maggio Deposition) at Tr. 35-36, 47-48, Ex. C (Hudson Deposition) at Tr. 31.22 They also agreed that the FDOT inspector should have caught this mistake. Doc. 135, Ex. B (Maggio Deposition) at Tr. 111, Ex. J (Tyson Deposition) at Tr. 13, 16.

FDOT was aware that end terminals are complex and need to be repaired in accordance with manufacturer's instructions. The FDOT supervisor and engineer testified that the design drawings should be consulted and that inspections and maintenance would ensure that repairs are done correctly. Even if the FDOT staff involved in the actual 2009 repair failed to fully appreciate the complexity of the complete design of the ET-Plus guardrail system, they at least had an understanding that there were two types of systems — one with a parallel end treatment, and one with a flared end treatment. The guardrail FDOT assembled after the 2009 accident at the corner of Groveland Airport Road and State Road 33 was neither.

On this record, the Court finds Pike has failed to come forward with more than a scintilla of evidence to rebut Trinity's showing that FDOT was a sophisticated user of the ET-Plus guardrail system.23 See Parker, 445 Fed.Appx. at 235 (holding no duty owed by chemical supplier to warn manufacturer's employees where supplier's customer (the manufacturer) was sophisticated user of the chemical which had used the chemical for years, had produced its own training materials, and used its own staff to advise employees on procedures for handling chemical).24

V. Conclusion

For his own reasons, Pike gave up a seemingly well-taken negligence claim against FDOT in favor of a design defect claim against Trinity that he later abandoned. He elected to proceed solely on a failure to warn theory. However, as a matter of law, Trinity had no duty to warn FDOT what it already well knew: that it should avoid using parts from other guardrail systems when repairing the ET-Plus guardrail end terminals. Trinity's Motion for summary judgment (Doc. 135) is granted and judgment is due to be entered in favor of Trinity Industries, Inc. and Trinity Highway Products, LLC as to Pike's failure to warn claims, Counts VII, VIII, IX, X of his amended complaint (Doc. 54). As Pike has abandoned his design defect claims, Counts I, II, III, IV, V and VI of his amended complaint (Doc. 54) are dismissed with prejudice. The Clerk shall enter judgment accordingly and close the file.