Ejected passenger sues driver for injuries

Steve Gonzalez Jun. 14, 2006, 9:50am

A man who was ejected from his passenger's seat during a car crash last year on northbound Interstate 55 near Olgelsby, filed a personal injury suit against the driver.

Daniel Rose claims Kyle Brunsmann of Belleville lost control of his vehicle on Sept. 10, 2005, causing him to be ejected from the car window.

Rose is seeking damages in excess of $50,000.

"Defendant driver had a duty to exercise ordinary care not to injure plaintiff," the complaint states.

Rose alleges Brunsmann failed to keep his vehicle under control to avoid a collision, traveled at an excessive speed considering traffic and weather conditions, and failed to operate his vehicle at a speed reasonable and proper under the conditions that existed so as not to endanger the safety of persons or property.

The ejection caused serious and permanent bodily injuries that caused him to suffer pain, discomfort and mental anguish plus medical expenses, the suit claims.

Rose also claims he has been restricted in his usual activities and affairs and is reasonably certain to be restricted in the future.

He is represented by James Gorman of Edwardsville.

The case has been assigned to Circuit Judge Nicholas Byron.

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