Boone County, snowplow driver sued for wrongful death in February crash

BOONE COUNTY, Mo. (KMIZ)

The daughter of a man killed in a February crash has filed a wrongful death lawsuit against Boone County and a snowplow driver.

Mark Swindell, 59, died after a crash on Highway 63 on Feb. 15. Missouri State Highway Patrol reported that a Boone County snowplow crossed over Highway 63 near Breedlove road, driving into the path of Swindell's truck. Both crashed and the pickup went off the right side of the road and hit a tree.

A crash report said 25-year-old Brandon Wainman, of Centralia, was driving in the plow truck going west on Breedlove.

Swindell's daughter, Bethany Kelly, is seeking compensation for her father's death.

In a wrongful death lawsuit filed Thursday, Kelly accuses Wainman of failing to operate the snow plow with the "highest degree of care." The lawsuit states that Wainman's failure to yield or drive out of the way of Swindell resulted in his wrongful death.

The lawsuit also accuses Boone County of wrongful death and negligence as the owner of the snowplow and employer of Wainman.

Included in the allegations against Boone County are failure to adequately perform background checks to verify Wainman was a competent driver and failure to train Wainman to drive the vehicle properly.

Additionally, Boone County is accused of failing to install proper items on the snowplow, including a warning light system, reflective devices, horn/warning system, brake system, and safety guards on the plow's scoop to prevent death in case of a crash.

Kelly is asking for payment of damages that resulted from Swindell's injuries and death. Though the lawsuit did not specify a dollar amount, damages included funeral expenses, the pain Swindell suffered, and both Kelly's emotional and financial loss due to her father's death.

ABC 17 News contacted Boone County officials outside of business hours for comment on the lawsuit.

This is a developing story. Watch ABC 17 News at 9 a.m. or check back here for updates.