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Bad tires on rental car led to man's deadly crash, Ohio widow says in lawsuit
The federal lawsuit was filed April 10 against Avis Car Rental, Hutchinson Inc. and Jules Toussaint.
McClatchy News reached out to Avis Car Rental and Hutchinson Inc. for comment May 19 but did not immediately hear back.
Toussaint was driving a 2023 Dodge Charger in Brighton Township on Jan. 18 at the direction of his employer, Hutchinson Inc., according to the lawsuit.
The car had been rented by Avis Car Rental, according to the civil complaint.
According to the lawsuit, the car's tires were 'worn with little to no tread' and the tread depth was below the legal limit, 'making it exceptionally dangerous to operate.'
This, the lawsuit said, is what led to the death of 69-year-old Robert Bilbrey.
Bilbrey was driving a 2005 Toyota Corolla in Brighton Township on Jan. 18. It was raining and the roads were 'wet with a slush buildup on the pavement,' the complaint said.
Toussaint was driving 'in a negligent, reckless, and wanton manner,' the lawsuit said.
He lost control of the vehicle and crashed head-on into Bilbrey's car, according to the complaint.
Fire crews had to remove Bilbrey from his vehicle because of the severity of the crash, the lawsuit said. He died from his injuries, the complaint said.
Bilbrey was 'a friend to all and helped wherever needed,' according to his obituary. He loved hunting, golfing, watching westerns and being with his family.
Toussaint was charged with misdemeanor vehicular manslaughter, according to Cleveland.com. His attorney declined the outlet's request for comment due to the pending case.
The complaint said it was a combination of the condition of the car's tires, Hutchinson Inc.'s trust in Avis Car Rental and Toussaint's reckless driving that led to Bilbrey's death.
'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,' Avis told Cleveland.com.
The lawsuit is asking for over $75,000 in punitive damages and more than $75,000 in compensatory damages, in addition to attorney fees, costs and expenses.
Brighton Township is about a 45-mile drive southwest from Cleveland.
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