Rental Car Company Hires Unsuitable Employee

Employment Expert WitnessThis 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.

Question(s) For Expert Witness

  • 1. Please discuss your background in hiring practices as it relates to the rental car industry.
  • 2. What makes a prospective employee fit to drive a company vehicle?
  • 3. What could have been done to avoid this accident? Please explain.
  • 4. Have you ever served as an expert witness on a case similar to the one described above? If so, please explain.

Expert Witness Response E-011733

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. 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.

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