COLUMBIA - The daughter of a Moberly man, who was killed in a February snowplow crash, filed a wrongful death lawsuit on Thursday.

Brandon Wainman and Boone County are defendants in the case., as the county serves as Wainman's supervisor and the owner of the snowplow. 

According to a Missouri State Highway Patrol crash report, on Feb. 15, Swindell was driving southbound on Highway 63 around 4:20 p.m.

The snow plow, driven by Wainman, was crossing Highway 63 at Breedlove Road and traveled into the path of Swindell's vehicle, which then collided into the snow plow. Swindell traveled off the right side of the road, down in the ditch and struck a tree.

Swindell was pronounced dead at the scene. 

Bethany Kelly accuses Wainman of:

  • Failing to yield to oncoming traffic
  • Failing to keep a careful lookout
  • Failing to pay attention to the roadway where he was driving and crossing over

Kelly also said Wainman should have known there was a likelihood of a collision.

The petition says Boone County is vicariously liable for the negligence and recklessness of Wainman.

Additionally, the wrongful death suit says that the county failed to train Wainman on how to drive the snowplow in inclement weather and poor conditions, failed to perform an adequate background check to ensure Wainman was a competent driver, failed to supervise Wainman's operation of the vehicle. 

Editor's Note: A line has been removed that incorrectly stated the damages requested.

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