Heather Isringhausen Gvillo Apr. 15, 2015, 3:55pm

A taxi driver sued for allegedly driving off before his passenger was fully in the vehicle claims the passenger voluntarily exited the car while it was in motion.

According to the Jan. 8 complaint, Jessie M. Brittain claims he was entering Dylan J. Redman’s cab when Redman began operating the vehicle before the plaintiff was completely inside.

As a result of the incident, Brittain was allegedly ejected from the vehicle, causing him to suffer great pain and anguish, lose earnings and incur medical costs, the suit states.

Brittain blames Redman for causing the collision, saying he drove too fast, drove when Brittain was not properly secured and drove in an erratic manner.

Redman denied the allegations against him in his April 2 answer.

“Dylan Redman denies, and continues to deny, that he is liable to the plaintiff, the plaintiff was injured, the nature and extent of plaintiff’s alleged injuries, and that the plaintiff sustained any damages in this matter …” he stated in his affirmative defenses.

Redman accuses the plaintiff of negligently failing to use and exercise the degree of care that a reasonable person would have exercised in those circumstances.

He claims the plaintiff voluntarily exited the vehicle while it was in motion, failed to keep his entire body and all parts thereof inside the vehicle while it was in motion, failed to wear a seatbelt as required by law, jumped on to the vehicle while it was still in motion and attempted to enter the vehicle while it was in motion.

He also claims the plaintiff’s alleged injuries were the result of his own negligent actions.

Brittain denied the allegations raised in the first and second affirmative defenses in his April 7 reply through attorney David W. Dugan of East Alton.

He also filed a motion to strike Redman’s third affirmative defense, arguing that the defendant failed to allege facts supporting his affirmative defense.

Brittain seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

David W. Dugan of East Alton represents Brittain.

John E. Sabo and Justin C. Moore of Clayborne, Sabo & Wagner in Belleville represents Redman.

Madison County Circuit Court case number 15-L-20

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