Background: The U.S. District courthouse successful Cleveland, Ohio (Google Maps). Inset: Robert “Bob” Bilbrey (Waite Funeral Home).
The household of an Ohio antheral who died pursuing a wintertime car crash has sued the institution that rented the car that collided with him, claiming that the car’s tires had “little to nary tread” to grip the treacherous roadworthy conditions.
Robert “Bob” Bilbrey, 69, died connected Jan. 18 aft helium succumbed to injuries helium sustained during a car clang successful Ohio’s Lorain County. Also progressive successful that clang was 26-year-old Jules Toussaint, a Michigan antheral driving a 2023 Dodge Charger that helium rented for work. According to the lawsuit filed successful national tribunal successful April, the Charger’s tires were “in a poor, worn condition.”
The lawsuit, which was filed connected behalf of Bilbrey’s widow and his estate, claimed that Toussaint and his employer, Hutchinson Inc., utilized Avis Budget Rental to rent Toussaint a conveyance for enactment purposes. That vehicle, the 2023 Dodge Charger, had tires that were “worn with small to nary tread remaining connected the tire,” adding that “the tread extent was worn beneath the ineligible bounds making it exceptionally unsafe to run the centrifugal conveyance connected the roadway … peculiarly successful poor, rainy upwind conditions.”
According to the lawsuit, those were the nonstop conditions connected State Route 18 successful Ohio connected Jan. 18, erstwhile it was raining, “and the roadworthy conditions were bedewed with a slush buildup connected the pavement.”
The suit claimed that Toussaint, Hutchinson, and Avis should person known that the Dodge Charger was successful nary information to beryllium driven that day. Toussaint, who sustained insignificant injuries successful the crash, was accused of driving the car successful a “negligent, reckless, and wanton manner.” He was charged with misdemeanor vehicular manslaughter and is reportedly expected to plead blameworthy successful Oberlin Municipal Court successful Michigan.
On the time of the crash, Toussaint, according to the lawsuit, mislaid power of the Dodge Charger, “slid near of center,” and struck the 2005 Toyota Corolla that was being driven by Bilbrey “head-on.” Bilbrey had to beryllium extricated from his conveyance by the section occurrence department.
The suit claimed that Hutchinson, arsenic Toussaint’s employer, was “vicariously liable” for his reckless conduct. It further claimed that Avis was negligent not conscionable for entrusting Toussaint with the conveyance they rented to him, but that each the defendants named successful the suit “were nether a work to support the centrifugal conveyance successful a tenable harmless condition” and “inspect the centrifugal conveyance (including the tires)” earlier the conveyance was going to beryllium operated.
Bilbrey’s household is besides suing the Cincinnati Insurance Company for underinsured motorist benefits.
The household is asking for $75,000 successful compensatory damages, $75,000 successful punitive damages, and attorneys’ fees and different costs.
Law&Crime reached retired to Avis and received a remark from a spokesperson that read, “We were profoundly saddened by this incident, and we widen our sincerest condolences to the household impacted. Given pending litigation, we are incapable to supply further comment.”
Law&Crime besides contacted the attorneys representing the Bilbrey household but did not person an contiguous response.