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Brandy Sued by Survivor in Fatal Wreck

5/25/2007 4:09 PM PDT BY TMZ STAFF

BrandyA survivor of the fatal car crash involving Brandy is going after the singer in court, claiming that the ousted "America's Got Talent" judge should have known the consequences of speeding in a Range Rover.

In the lawsuit filed today in Los Angeles County Superior Court and exclusively obtained by TMZ, Mallory Ham claims that Brandy "recklessly wantonly, unlawfully, and maliciously" operated the car responsible for causing a deadly collision on the 405 Freeway last December.

According to the document, Ham, who says he was "severely injured" as a result of the multi-car accident, is demanding that the singer pay for unspecified medical bills, pain and suffering, legal costs and punitive damages.

This is the fourth lawsuit Brandy is facing regarding the crash that killed 38-year-old Awatef Aboudihaj.

UPDATE: TMZ has also obtained Brandy's response to the wrongful death suit filed against her. In the papers, filed May 23, Brandy says she "denies each and every allegation in the complaint and further denies that plaintiff's have been damaged in any sum or sums whatsoever." In addition, Brandy "alleges and asserts her Fifth Amendment privileges" and asks that the matter go to trial before a jury.

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