Background: The U.S. District courthouse in Cleveland, Ohio (Google Maps). Inset: Robert “Bob” Bilbrey (Waite Funeral Home).
The family of an Ohio man who passed away following a winter car crash has filed a lawsuit against the car rental company that provided the vehicle involved in the collision. They allege that the car’s tires were worn out and unsuitable for handling the hazardous road conditions.
Robert “Bob” Bilbrey, 69, died on Jan. 18 from injuries sustained during a collision in Ohio’s Lorain County. The crash involved a 26-year-old Michigan man named Jules Toussaint, who was driving a 2023 Dodge Charger rented for work purposes. As per the lawsuit filed in federal court in April, the Charger’s tires were reportedly “in a poor, worn condition.”
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The lawsuit, filed by Bilbrey’s widow and his estate, asserts that Toussaint and his employer, Hutchinson Inc., rented the Dodge Charger from Avis Budget Rental for work use. It claims the vehicle’s tires were “worn with little to no tread remaining,” describing that “the tread depth was worn below the legal limit, making it exceptionally dangerous to operate the motor vehicle on the roadway, especially in poor, rainy weather conditions.”
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.
