The family of an Ohio man who died in a winter car accident has sued the company that rented the car that hit him, claiming that the car’s tires had “little to no tread” to handle the treacherous road conditions.
Robert “Bob” Bilbrey, 69, died on January 18 from injuries sustained in a car accident in Ohio’s Lorain County. Jules Toussaint, 26, of Michigan, was also involved in the accident, driving a 2023 Dodge Charger that he had 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, filed on behalf of Bilbrey’s widow and estate, claimed that Toussaint and his employer, Hutchinson Inc., used Avis Budget Rental to rent Toussaint a vehicle for business purposes. The 2023 Dodge Charger had worn tires with little to no tread. The tread depth was below the legal limit, making driving dangerous, especially in rainy conditions.
According to the lawsuit, those were the exact conditions on Ohio’s State Route 18 on January 18, when it was raining, “and the road conditions were wet with slush buildup on the pavement.”
According to the lawsuit, Toussaint, Hutchinson, and Avis should have known that the Dodge Charger was not fit to be driven that day. Toussaint, who suffered minor injuries in the accident, was accused of driving in a “negligent, reckless, and wanton manner.” He was charged with misdemeanor vehicular manslaughter and is expected to plead guilty in Oberlin Municipal Court, Michigan.
According to the lawsuit, Toussaint lost control of the Dodge Charger on the day of the crash, “slid left of center,” and collided with Bilbrey’s 2005 Toyota Corolla “head-on.” Bilbrey had to be rescued from his vehicle by the local fire department.
The lawsuit alleged that Hutchinson, Toussaint’s employer, was “vicariously liable” for his reckless behavior. It also claimed that Avis was negligent not only in entrusting Toussaint with the vehicle they rented to him, but that all of 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 operated.
Bilbrey’s family is also suing Cincinnati Insurance Company for underinsured motorist coverage.
The family seeks $75,000 in compensatory and punitive damages, as well as attorneys’ fees and other costs.
Law&Crime contacted Avis and received a statement from a spokesperson that read, “We were deeply saddened by this incident, and we extend our heartfelt condolences to the family affected.” We are unable to provide further comment due to pending litigation.
Law&Crime also contacted the Bilbrey family’s attorneys, but did not receive an immediate response.