The mother of a girl who died in a car crash earlier this year is suing MoDOT’s governing board for negligence.

The crash occurred back in May on Highway 65 near Kearney in Springfield, and Clorissa Tilden’s suit alleges a guardrail was dangerous and defective and the Missouri Highways and Transportation Commission knew or should have known the risk posed.

Tilden’s attorney also claims the guardrails were not properly designed and not tested appropriately, saying the commission “knew or should have known of the unreasonable risk and danger posed by the defective nature of the guardrails.”

The lawsuit asks the court to issue judgments in excess of $25,000 against both the commission and against Mikaila Koch, the driver who hit her and who has already been charged with manslaughter.

The lawsuit was filed on November 12th.

The commission sent a statement to the Springfield News-Leader saying the death of the child occurred as a result of an inattentive driver.