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 died following a winter car crash has sued the company that rented the car that collided with him, claiming that the car’s tires had “little to no tread” to handle the treacherous road conditions.
Robert “Bob” Bilbrey, 69, died on Jan. 18 after he succumbed to injuries he sustained during a car crash in Ohio’s Lorain County. Also involved in that crash was 26-year-old Jules Toussaint, a Michigan man driving a 2023 Dodge Charger that he rented for work. According to the lawsuit filed in federal court in April, the Charger’s tires were “in a poor, worn condition.”
The lawsuit, which was filed on behalf of Bilbrey’s widow and his estate, claimed that Toussaint and his employer, Hutchinson Inc., used Avis Budget Rental to rent Toussaint a vehicle for work purposes. That vehicle, the 2023 Dodge Charger, had tires that were “worn with little to no tread remaining on the tire,” adding that “the tread depth was worn below the legal limit making it exceptionally dangerous to operate the motor vehicle on the roadway … particularly 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.
