Lawsuit claims Columbia, Boone County failed to warn against flooded waters preceding 2024 drowning
COLUMBIA, Mo. (KMIZ)
The family of a woman who was killed in flooded waters in Boone County in 2024 claims the City of Columbia and Boone County were at fault.
The wrongful death lawsuit filed Friday in Boone County alleges the city and county "failed to use ordinary care to either prevent Gillespie Bridge Road from flooding or to warn motorists of the flooding."
Iveta Thayer-- who was 81 at the time-- drowned after the vehicle she was in was swept away by Perche Creek floodwaters near Gillespie Bridge Road and Coats Lane on July 3, 2024.
Boone County Assistant Fire Chief Gale Blomenkamp told ABC 17 News at the time that Thayer and her husband David were originally trapped in the vehicle after driving through floodwaters. Thayer's body was recovered from the water two days later, after the Boone County Sheriff's Office said the water level had receded enough for crews to attempt a rescue effort.
Two people were also rescued on July 3, 2024, from the floodwaters, including a landscaping worker who tried to save the couple.
Mid-Missouri had been dealing with flash flooding at the time of the drowning and the National Weather Service had issued a flood watch for much of the area that week. The lawsuit alleges the NWS had warned against the potential for heavy rainfall and claims the U.S. Geological Survey at the time showed Perche Creek's water was rapidly rising at the time.
The lawsuit claims that David and Iveta Thayer left their home to go shopping around noon that day. The couple took Interstate 70 to Providence Road and were unaware of flooding in the area, court documents say.
About an hour and a half later, someone called 911 and warned them that Perche Creek had flooded and there was water on Gillespie Bridge Road. The caller stated vehicles were still driving through the road and closure signs were not up in the area, the lawsuit states.
ABC 17 News received audio files -- from the plaintiffs' attorney Brian Russell -- of the 911 calls made that day, where a woman's voice can be heard telling a dispatcher that the road had flooded and vehicles were still driving through it.
"I think there's a lot of people that are still trying to cross it. I can see this going very bad, very fast," the woman said.
The dispatcher can then be heard telling the woman that they were already aware of the flooding.
Boone County Road and Bridge was notified at 1:36 p.m. of the flooding, court documents claim. Audio files given to ABC 17 News also show a dispatcher telling someone with Road and Bridge about the flooding. The person responded by saying they were monitoring the road.
Just before 2 p.m, a Boone County Commissioner notified Boone County Office of Emergency Management about the flooding on Gillespie. Emails Russell sent to ABC 17 News show Boone County Southern District Commissioner Justin Aldred telling Jacob Waller with the Office of Emergency Management to call Rep. Adrian Plank (D-Columbia) about the flooding.
Shortly after 2 p.m, Waller asked Boone County Dispatch to notify Road and Bridge to close Gillespie Bridge Road, the lawsuit states. Around 2:30 p.m. it posted on Facebook stating the road was closed due to flooding.
The lawsuit claims that around the same time the post was made, the Thayers drove toward Gillespie Bridge Road and Perche Creek. The road closed signs were still chained to the street sign on Chapel Hill road, documents say. A white Boone County Road and Bridge vehicle also drove past the couple away from the road, according to documents.
At 2:36 p.m, another person called 911 to report that a vehicle was swept away by flood waters, documents say.
The lawsuit claims the couple believed it was safe to drive through the road because other vehicles in front of them had safely crossed and because road closed signs were not up yet.
"By the time the Thayers saw water on Gillespie Bridge Road, there was no safe place to turn around and there were several other vehicles in front of and behind them," documents say.
The couple's vehicle was lifted by the water and began to sink. A bystander was able to rescue David Thayer by pushing down on his window, but was unable to get Iveta out of the vehicle, the lawsuit states.
The lawsuit also alleges before the couple's vehicle was swept away, witnesses spoke with a Boone County employee who said he was supposed to put up the road closed signs, but had forgotten the keys to unlock them. Documents also claim that employee said his shift was over and that he was going home.
In body camera footage ABC 17 News obtained, a Boone County deputy's voice can be heard stating witnesses told her a city employee had forgotten the keys to put the signs up.
Residents in the area called for action shortly after the incident, calling for more preventative measures. An employee for Boone County previously told ABC 17 News that people would frequently move the barriers in the area.
The lawsuit requests monetary compensation for the family, as well a a jury trial.
ABC 17 News reached out to the City of Columbia, Boone County, and Boone County Road and Bridge who declined to comment on pending litigation. ABC 17 News also reached out to the attorney for Boone County. Russell also declined an interview on Tuesday.
