Rental Car Company Hires Unsuitable Employee

Case Overview

This case takes place in New York and involves a motor vehicle accident caused by the driver of a rental car. The defendant is a rental car company who hired an employee with an extremely debilitating condition. The employee appeared to be visually ill at the time of the incident, and required a supplemental oxygen tank at all times. On the day of the incident occasion, the company tasked him in transporting one of the vehicles from the company’s primary lot to another site. On his way to the second facility, the defendant ran a red light and collided into a pedestrian who was walking within a cross walk. The employee was found to be extremely disoriented at the time of the accident. The plaintiff alleges the employee was not a suitable driver and that the company should not have had hired him due to his physical condition.

Questions to the Retail Store expert and their responses

Please discuss your background in hiring practices as it relates to the rental car industry.

In my past experience as a Unit Manager for Avis, I had the responsibility to hire qualified individuals for a variety of roles in the car rental industry. This includes Rental Sales Agents, Service Agents and shuttlers to move cars from one location to another or to clear lots.

What makes a prospective employee fit to drive a company vehicle?

My initial thought is that this employee was not suitable to drive any vehicle at all and he should have been prevented from doing so. His need for an oxygen tank indicates that he was not in good health and he exposed the company to litigation by not being well enough to drive.

What could have been done to avoid this accident? Please explain.

About the expert

This risk management expert worked for 5 years as a Unit Manager at Avis where he was responsible for fleet operations and inventory. He managed 5 rental locations and is highly familiar with the policies and procedure when leasing an automobile. This expert's risk management experience includes positions as corporate risk manager at H.O. Penn Machinery Company and Senior Manager, Risk and Benefit at a retail group. This expert is certified in risk management and earned his BA at The State University of New York Albany and MBA at the University of Phoenix. He has experience reviewing a similar case as an expert witness.