Background: The U.S. District courthouse in Cleveland, Ohio (Google Maps). Inset: Robert “Bob” Bilbrey (Waite Funeral Home).
An Ohio man passed away after a car accident on a snowy road, and now his family is taking legal action against the car rental company. They argue that the vehicle involved in the crash had tires that were not suitable for the icy conditions.
The man, Robert Bilbrey, aged 69, lost his life on January 18 due to injuries sustained in the collision in Lorain County, Ohio. The crash also involved Jules Toussaint, a 26-year-old man from Michigan who was driving a 2023 Dodge Charger rented for business purposes. As per the lawsuit filed in federal court in April, the tires on the Charger were described as being in a worn-out state.
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The legal action, brought forward on behalf of Bilbrey’s widow and estate, points fingers at Toussaint and his employer, Hutchinson Inc., for using Avis Budget Rental to obtain the vehicle for work-related tasks. It was highlighted that the Dodge Charger provided to Toussaint had tires that were severely worn out, lacking sufficient tread depth, hence making it extremely risky to drive, especially in adverse weather conditions like heavy rain.
According to the lawsuit, those were the exact conditions on State Route 18 in Ohio on Jan. 18, when it was raining, “and the road conditions were wet with a slush buildup on the pavement.”
The lawsuit claimed that Toussaint, Hutchinson, and Avis should have known that the Dodge Charger was in no condition to be driven that day. Toussaint, who sustained minor injuries in the crash, was accused of driving the car in a “negligent, reckless, and wanton manner.” He was charged with misdemeanor vehicular manslaughter and is reportedly expected to plead guilty in Oberlin Municipal Court in Michigan.
On the day of the crash, Toussaint, according to the lawsuit, lost control of the Dodge Charger, “slid left of center,” and struck the 2005 Toyota Corolla that was being driven by Bilbrey “head-on.” Bilbrey had to be extricated from his vehicle by the local fire department.
The lawsuit claimed that Hutchinson, as Toussaint’s employer, was “vicariously liable” for his reckless conduct. It further claimed that Avis was negligent not just for entrusting Toussaint with the vehicle they rented to him, but that all the defendants named in the lawsuit “were under a duty to maintain the motor vehicle in a reasonable safe condition” and “inspect the motor vehicle (including the tires)” before the vehicle was going to be operated.
Bilbrey’s family is also suing the Cincinnati Insurance Company for underinsured motorist benefits.
The family is asking for $75,000 in compensatory damages, $75,000 in punitive damages, and attorneys’ fees and other costs.
Law&Crime reached out to Avis and received a comment from a spokesperson that read, “We were deeply saddened by this incident, and we extend our sincerest condolences to the family impacted. Given pending litigation, we are unable to provide further comment.”
Law&Crime also contacted the attorneys representing the Bilbrey family but did not receive an immediate response.
