Celebrity Justice
Brandy Sued by Survivor in Fatal Wreck

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.



Tags: Brandy, Brandy car accident, Brandy car crash, Brandy sued, BrandyCarAccident, BrandyCarCrash, BrandySued

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(Page 4 of 6) Previous 15 Comments | 2 | 3 | 4 | 5 | 6 | Most Recent | Next 15 Comments

46. Some of these comments are just plain ignorant. Accidents happen - especially on LA freeways! She wasn't speeding, she wasn't drinking and she wasn't on her phone. The traffic stopped and she didn't see the slow down and her car hit one car and that car hit the car of the woman who died. The woman's parents are out for money and it is obvious that the lawyers for the husband is out for the same thing. People die in accidents all the time, that is why they are called accidents. Brandy was upset at the accident and was clearly distraught. Stop with the stupid comments.

Posted at 4:34PM on May 26th 2007 by kjx

47. to #38 Suzy Q. Suzy unless you are an attorney, you need to shut up! Because you clearly do not know what you are talking about. You are incorrect. She can be sued in civil court. And from the poor grammar and lack of punctuation in your post, I would say that you are the one who is uneducated.

Posted at 10:56PM on May 25th 2007 by dttown

48. Hmmm.....for all of you casting stones, I'm curious. Does that mean all of you NEVER drive above the speed limit? Never talk on your cell phones while driving? Never eat behind the wheel? Never had a little road rage, or got too close to someone because they were going too slow? Never?

It's so easy to judge, isn't it? All of you condemning her are most likely just as guilty of being careless behind the wheel, it's just that you haven't had the misfortune of getting into an accident yet.

It's tragic that this one had a fatality, but it was an accident. Yes, she has penalties to pay, but let's put the torches down. I guarantee most, if not all of you, have no right to talk.

Posted at 11:16PM on May 25th 2007 by STFU

49. Just shaking my head at all those with such lack of compassion., and lack of knowledge. ....The term Accident means just that ...ACCIDENT...
Maybe the definition will help you understand what the word means:

Main Entry: ac·ci·dent
Function: noun
Pronunciation: 'ak-s&-d&nt, -"dent; 'aks-d&nt
Etymology: Middle English, from Middle French, from Latin acci dent-, accidens nonessential quality, chance, from present participle of accidere to happen, from ad- + cadere to fall -- more at CHANCE
1 a : an unforeseen and unplanned event or circumstance b : lack of intention or necessity : CHANCE
2 a : an unfortunate event resulting especially from carelessness or ignorance b : an unexpected and medically important bodily event especially when injurious c : an unexpected happening causing loss or injury which is not due to any fault or misconduct on the part of the person injured but for which legal relief may be sought
3 : a nonessential property or quality of an entity or circumstance

Do any of you for one second believe that Bandie went out to do this on purpose?? Please...
Its sad the lady died....its sad that the ACCIDENT happened..and in this SUE happy country we now live in...everyone is fair game....For petesake FOLKS...bad things happen all the time.
I know a person that was driving home from the shore, and there was a car was at a dead stop in the road..NO tail lights on...and it got hit ...WAS that done on purpose..of course NOT...!!! The rule of law is, the last one in the line of traffic gets the blame. We were not there. WE do not know all the facts of what happened..but, personally, I do not believe she did anything with INTENTION....! Hence....ACCIDENT. I believe that Brandy will do the right thing. I have found in her career she always has. At least from all that I have every read about this talented young woman.

Bandyhas enough on her plate without others being UGLY ...it was not like OTHERS that drive drunk, on drugs, and, make that choose to get behind the wheel of a car and drive that way. Brandie was NOT impaired..and if you DO some homework, you would KNOW Brandy was so very upset at the TIME of the ACCIDENT. She showed immediate remose.

She is a fine young woman..and I wish her well...I am sorry for the lose of the lady, and that injuries occured...but, that is why we all have car insurance.

Posted at 11:34PM on May 25th 2007 by Get A Life FOLKS

50. What in high hell is up with these comments? Everyday people don't got to prison for traffic accidents, not even fatal ones where there is no substance abuse involved. Why on earth would you think Brandy should go to prison? I agree that she needs to pay for the funeral costs and even punitive damages to the deceased driver's family and for the damages of any other car involved in the accident and all related medical costs, but that's it. I have had careless accidents in my more youthful days and I have never been sued for punitive damages. I think these people may have the wrong idea about just how much money Brandy has. I think this person saw dollar signs when he heard Brandy was a celeb. Little do they know she is practically a b-lister at this point.

Posted at 11:44PM on May 25th 2007 by Bird

51. Hey Dudesterguy - So, you know she didn't swerve, brake or slow down or anything because.......you were there? You have 1st hand knowledge of this? Huh.

You don't happen to sport a mullet, do you? You sound like you do. I'm just sayin'.....

Posted at 12:18AM on May 26th 2007 by STFU

52. The only way we are going to know what happened is by it working it's way through the court system and hearing both sides
That's if her insurance company doesn't cut a deal first. Then we may never know.
I do feel there is some vultures on the prowl. Yeah!! we hit jack pot in America!.
The guy who lost his wife is the only legit claim I can see so far but more may jump on the boat before it's over. Sad bad, I'm sure Brandy as well as the husband must feel devastated.

Posted at 3:00AM on May 26th 2007 by Max

53. To Post # 51 "Dudesterguy" aka Another fine blog brain !

I can assume you will be filing a claim against Brandy also? you seem to have been there.

Posted at 3:20AM on May 26th 2007 by ShortBusHopOn

54. To post #49

The only problem I see with your lesson in English to the Blog is the Police are saying it was NOT an accident! They are saying that Brandy was reckless. That is where and when the claims came flooding in.
Now do I believe what the police say? not always no, they can be wrong and they were not there. We need to hear both sides before we judge

BTW you can hardly type out a 4 page post using your Webster's dictionary and then tell us to get a life!

Posted at 3:40AM on May 26th 2007 by DontMakeMeStopThisCar!

55. Brady did not intentionally mean to harm anyone I'm certain of that. But the Law does not call it an accident if say I am talking on my cell phone, speeding and ram someone and they die. The law calls that negligence not accident.
There is the problem, those two differences are what needs to be worked out in brandy's case. She is saying she was not reckless or negligent.
However it turns I'm certain she is remorseful and really sad. I'd sure be. I wish her the best and also to the family that lost a loved one.

Posted at 4:02AM on May 26th 2007 by MaryJ

56. She will have to pay off this woman's famo;y. I do not know about anyone else.
This was a terrible accident. I do not know if she was going to ofast, talking and dialing onthephone, what. IMHO TO EVERYONE HERE, PLEASE DO NOT DIAL, TALK ON THE PHONE. DIAL AT A RED LIGHT. ALWASY USE YOUR EAR BUD or BUY ONE OF TOSE NEW EAR CELL PHONES. I LIVE BY THIS RULE. IT IS SAFE AND I CANNOT AFOR DTO GET IN AN ACCIDENT and I WOULD NOT BE ABLE TO LIVE WITMYSELF IF I WOULD BE IN A FATAL ACCIDENT. IN HOUSTON TEXAS, where my husband job has transferred us, MY BIGGEST CONCERN IS DAILY NOT BEINGKILLED BY BAD DRIVERS.

About Brandy, Rebecca Gayheart killed that Hispanic boy because she is Rebecca Gayheart and she had people to see, things to do and th eworld is hers. He just got in her way. She paid off the family Never had a day injail.. Went off and married asome current tv actor and is now walking red carpets in jewels and designer gowns.

Posted at 6:24AM on May 26th 2007 by Newsy

57. Look lets just look at the facts, in the past there has been other cases in other states where a driver as been “distracted” while on the phone, which led to the death of an innocent person. In those cases the person was arrested and charged. It did not take months on end for the district attorney or law enforcement to make a final decision on their actions; the person was just arrested.
Should anyone feel sorry for Brandi? Hell no, she made a mistake and she should be an adult about it and just face up to what is coming. I am sure her high power lawyers will most likely make more then the poor family that lost their wife/mother, while she will stay in hiding for sometime and come out reinvented and make more money in the future.

Lets just be honest about this, I use to work with some powerful individuals in the industry, and they know for a fact they have more room to screw up and not get into trouble then anyone else. There had been many times I was in a car with someone from the industry as they drove drunk/high and the worst that ever happened was we got a ride home from the cops that pulled us over.
For the fans that are pushing for her to get off completely clean, take some time and think, what if that was my mother or sister. What would you be saying then, would you go up to her and hug her and say, boy thanks for all the movies, tv shows and songs you did, its ok, you just killed my mom, I still love you.

Posted at 4:13PM on May 27th 2007 by Justsaying

58. SHE SHOULD NOT DO TIME!!! IT WAS AN ACCIDENT, NOT A MURDER. SHE SHOULD, HOWEVER, BE LIABLE FOR ALL DAMAGES INCLUDING THE DEATH OF THE WOMAN AND THE PAIN AND SUFFERING IT LEFT HER FAMILY WITH. WHEN I SAY FAMILY I MEAN HER HUSBAND AND CHILDREN. NOT HER PARENTS AUNTS UNCLES COUSINS AND THE NEIGHBOR'S DOG!

Posted at 10:03AM on May 26th 2007 by JAB

59. People get sued all the time for wrongful death resulting from a car accident. The only reason we are hearing about this is because a celebrity was involved. Brandy should take responsibility for her actions and pay the family for damages. It does not matter if it was willful or not. The fact is, a woman lost her life due to her negligence.

Someone previously posted that it wasn't Brandy that killed the woman, but it was because the victim's car was hit with oncoming traffic. Well, Brandy was the contributing factor. She hit her from behind. I don't know if she was speeding or not, however she did not slow down and stop in time to prevent the accident.

Now, should she go to jail for it? I'll leave that to the DA and the Court System to decide.

Posted at 10:14AM on May 26th 2007 by Geeeezzzz

60. To those of you who think your insurance will pay any amount in a lawsuit, you need to read your policy. There are caps on the dollar amounts and anything above and beyond will be paid out of pocket. Agreed, the loss is tragic, but for parents of a grown woman to sue is typical of our "litigation happy society". There is no value that can be placed on someone's life, but to sue just for the sake of suing???

Posted at 10:15AM on May 26th 2007 by no more celeb moms

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