Lorain County, OH – The family of Robert “Bob” Bilbrey, 69, who died on January 18 following a car crash in Lorain County, Ohio, has filed a lawsuit against Avis Budget Rental, alleging negligence in renting a vehicle with dangerously worn tires that contributed to the fatal collision.
The lawsuit, filed in federal court on behalf of Bilbrey’s widow and his estate, also names Jules Toussaint, 26, the driver of the 2023 Dodge Charger involved in the crash, and his employer, Hutchinson Inc. According to the legal filing, Toussaint, a Michigan resident, rented the Charger from Avis for work purposes. The lawsuit claims the vehicle’s tires were “worn with little to no tread remaining,” rendering it “exceptionally dangerous to operate…particularly in poor, rainy weather conditions.”
The lawsuit states that those adverse weather conditions – rain and wet roads with slush – were present on State Route 18 in Ohio on the day of the crash. It alleges that Toussaint lost control of the Dodge Charger, crossed the center line, and collided head-on with the 2005 Toyota Corolla driven by Bilbrey, who had to be extricated from his vehicle by emergency responders.
The lawsuit accuses Toussaint of operating the rental car in a “negligent, reckless, and wanton manner.” He has reportedly been charged with misdemeanor vehicular manslaughter and is expected to plead guilty in Oberlin Municipal Court in Michigan.
Bilbrey’s family contends that Hutchinson Inc., as Toussaint’s employer, is “vicariously liable” for his alleged reckless driving. Furthermore, the lawsuit asserts that Avis was negligent for entrusting Toussaint with a vehicle in an unsafe condition and that all defendants had a duty to maintain the vehicle, including inspecting the tires, before it was operated.
The Bilbrey family is seeking $75,000 in compensatory damages, $75,000 in punitive damages, as well as attorneys’ fees and other costs. They are also pursuing underinsured motorist benefits from the Cincinnati Insurance Company.
A spokesperson for Avis provided a statement to Law&Crime, saying, “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’s attempts to reach the attorneys representing the Bilbrey family for comment were unsuccessful by the time of publication.
The lawsuit underscores the potential liability of rental car companies in ensuring the safety and roadworthiness of their vehicles, particularly concerning tire maintenance in regions prone to challenging weather conditions.
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