Appeals court rejects challenge in Boone County deadly snowplow crash lawsuit

COLUMBIA, Mo. (KMIZ)

A Missouri court rejected Tuesday an appeal in a lawsuit involving a Boone County snowplow crash that killed a Moberly man.

The lawsuit was brought by Bethany Kelly against Boone County and snowplow driver Brandon Wainman over the death of her father, Mark Swindell. Swindell was killed when he was driving on Highway 63 near Sturgeon in February 2021, the Missouri State Highway Patrol reported at the time. Wainman's plow crossed the highway into the path of Swindell's pickup truck, causing the crash, the patrol reported.

A Boone County judge granted Kelley a partial judgment in November 2021 saying that Wainman did not have immunity granted to public officials while he was driving that day. The county and Wainman appealed that decision.

The Missouri Western District Court of Appeals ruled in an opinion issued Tuesday that the judgment was not final because Kelly's wrongful death claims are still pending. Because of that, the court said, it could not make a ruling in the case.