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Travis Barker Sues Plane and Tire Companies

11/22/2008 12:03 PM PST BY TMZ STAFF

Travis Barker is suing Bombardier Inc., Clay Lacy Aviation and Goodyear Tire and Rubber in connection with the plane crash that severely injured him and killed two of his friends.

The suit, filed in L.A. County Superior Court, was filed by Barker and the mother of Charles "Che" Still, Travis' bodyguard who died in the crash.

In the lawsuit, Travis and Thelma Martin Still claim "one or more of the tires failed leaving tire debris and portions of airplane components along the 8,600 foot runway" ultimately causing the Learjet to crash.

The suit alleges a "negligent attempt to abort the takeoff." The suit continues, "The pilot's decision was a breach of their duty owed to the passengers onboard and was a substantial factor in causing the crash and resultant injuries and deaths."

The suit also alleges the plane was "defective," as were component parts including the tires.

The suit goes on, "It's landing gear, tires, wheels, brakes, reverse thrust system, squat switches and component parts were not airworthy."

Barker is suing for "pain and suffering, mental anguish, psychological and emotional distress and disfigurement and pre-impact fear of death and burning."

UPDATE: A rep for Clay Lacy just told TMZ, "We are surprised about the lawsuit and concerned and knowledgeable about the accident. We are sympathetic for the victims but we want to emphasize we were not operating this airplane. This was not our airplane. We merely assisted the parties in chartering this aircraft with another company. We simply booked it for them."

67 COMMENTS

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31.

Jay B    

You can't blame the pilots completely for this. Have you ever driven and had a blow out? You hardly even notice it, it's just a thump and a bit of a shudder, you wouldn't be able to spot the smoke from a plane that is nearing takeoff speed. Sure there was pilot made a mistake by trying to abort but that was a decision that she didn't have time to think about, she had to act on what she as a trained pilot felt was best. Don't get me wrong though, he does have a right to sue, but blaming the crash on the pilot and not the company for their lack of maintenance/inspections is the wrong path to follow.

1975 days ago
32.

RJ    

If the airline was at fault, then he should be awarded what a court feels he is owed. But people...

Learn to freaking spell!!! Turn on spell check, use a dictionary, something! You make yourselves like complete idiots - all of you!

1975 days ago
33.

Photog    

He's suing BOMBARDIER for a LEARJET? How does that work? Like having an accident in a Chevy and suing Ford????

1975 days ago
34.

Just my opinion    

They say he is only suing for $25,000.... I read it on CNN.com

1975 days ago
35.

Charles Jarusek    

I personally knew the co-pilot and he was a close friend. He was extremely professional and would NEVER do anything to endanger himself and others. I realize that this is a litigious society that always tries to make bucks off an ACCIDENT. Everyday there are so many blown tires on cars, and no one is injured, does that mean you should sue the tire maker, the auto manufacturer, the state, etc. If they can show that the people knew that it was a danger before, yes that is a lawsuit, if not these things happen. I lost a good friend in the incident and I know he was conscientious.

1975 days ago
36.

oh yaaaaaaaaaaa    

and since the average TMZ poster has no clue abt aviation, I'm not going to type further. Just wanted to express my point and remember folks, prejudice is lack of knowledge..so learn the facts if u care too, I'm not in the mood tonite to educate you!

1975 days ago
37.

#645732 - Cell Block H    

You can't blame the tire company for the airport people's mistakes. I could see if it there were a lot more blowouts on other jets with that particular tire, but the maintenance of the plane is at fault here. And the pilots error for aborting the flight. #17 Michelle is right on the button.
Oh, and #30 RJ - Thanks for the laugh. I was thinking the same thing.

1975 days ago
38.

Linn2009    

so what if he sues, but is this going to take away from the families who actually lost love ones??
seems pretty selfish!

1975 days ago
39.

May    

If this isn't about money then he'll be donating the funds to charity right? I lost all respect for this guy. Oh and yea my son was left brain damaged because of negligance and I have never thought about suing. Get a job Travis if you need money. what a loser. If anyone has seen the rise in thier insurance premiums, well you can thank the sue happy Americans like Travis! Thanks Travis!

1975 days ago
40.

fakeboobpolice    

all of the parties that have been named in the lawsuit have insurance. if the jury awards baker 10 billion dollars, not one penny is going to come out of their pockets. their insurance compnay will pay it. some people on this board think that by suing them and making them pay, it will punish those parites involved. this is far from the truth. the comanies that are being sued. do not tell me that barker or his piece of sh*t plantiff's attorney think that by suing the companies will prevent further issues, the sh*t piece attorney is only in it for a dollar. he will take 40% of whater ever is awarded.

the bottom line is we have no idea why the tire blew out. for the people who have been driving and had a blowut, were you able to determine what caused it? some may find a nail or some other debris, but most of the time it is unknown. there could have been somthing on the runnway. a previous landing or taking off plane could have left some debris on the track and the the plane ran over it. if this was the case, the pilots would have had no way to know it was there.

obviously the pilot did not want the tire to blow out, she did not want to get hurt or die. i am sure they pilots did everything they could to save the plane. the pilots no more wanted to crash than the rest of the people on the plane. you could put the best pilots in the world in that situation, but unless you have training on how to abort a take off when the nose of the plane is already of the ground and the rear tire blows, odds are they would crash also. it sucke that this happened, but until someone can prove gross negligence, this should be ruled as a horrible accident that most likley could not have been prevented.

1975 days ago
41.

John    

Bottom line, any landing or take off you can walk away from is a good thing. They think the pilots that;s right two of them really wanted to crash this airplane. They were both experienced pilots. It seems to me that there are a lot of people who do not even know how a plane is able to fly aloft are second guessing the experienced pilots. What if this was a limo Hummer that crashed? Would people be spending this much time and effort on the subject?

1975 days ago
42.

die a painful death already Hollywood    

HE HAS EVERY RIGHT TO SUE !

HOW CAN ANYONE THINK HE DOESNT DESERVE TO BE COMPENSATED FOR ALMOST BEING BBQ'ED TO DEATH .

THE INSURANCE CARRIERS ARE VERY LUCKY HE OR DJ AM DIDNT PARISH OR THE DAMAGES WOULD BE INTO THE 10'S OF MILLIONS WHICH ARE BASED ON FUTURE EARNINGS .

SADLY THE VALUE OF ONES LIFE IN COURT ARE TO A GREAT EXTENT BASED ON THEIR EARNINGS OR POTENTIAL FUTURE EARNINGS AT THE TIME OF DEATH .

IT SEEMS TO ME THE FAULT OF THE TIRE MAKER OR MAINTAINENCE PEOPLE ?

THE TIRE BLOWING WAS LIKELY THE CAUSE OF THE ABORTED TAKEOFF SO YOU KNOW THE BLAME WILL BE PUT ON THE PLANES OWNERS WHO ARE RESPONSIBLE FOR MAINTENENCE AND TIRE MANUFACTURER AND THE PILOTS WHO ABORTED TAKEOFF TOO LATE AND OVER RAN THE RUNWAY THUS CAUSING THE PLANE TO CRASH AND BURN AFTER HITTING AN ENBANKMENT OFF THE END OF THE RUNWAY .

THE EXPERIANCED PILOTS MORE THEN LIKELY THOUGHT THEY ENOUGH RUNWAY TO BRING THE PLANE TO A SAFE STOP . SADLY THEY WERE WRONG AND PROBABLY NOT FAMILAR WITH THAT AIRPORT RUNWAY AND CAME UP SHORT .

IT IS A TRAGIC ACCIDENT BUT SOMEONE MUST BE HELD ACCOUNTABLE FOR IT

I HOPE HE TAKES THE RESPONSIBLE PARTIES TO THE CLEANERS !!

1975 days ago
43.

Anon    

He has every right to sue, if the plane was defective it should NOT have been on the runway at all. Every plane including private ones must be inspected prior to take off. Whoever booked this plane was irresponsible, fault also goes to the Pilots. Death could have been avoided if they followed the rules. You "fellow" passengers should be aware of the condition of the plane and the PILOTS and many other things.

The people who also put the plane together can also be at fault for making errors, in particular, specific components of the plane which could have malfunctioned etc. Travis was smart to take his time and do research on what happened, and I hope he gets closure from it.

1975 days ago
44.

wesfox    

I promise to all of you that Trvis' and Thelma will bring this case and win. With all of the greed among the "pursuers of wealth" comes slacking, laziness ans inability to perform their jobs correctly. We cannot blame the booking company. They pay enough money to be assured there will never be such catastrophic loss as this. This is just a true lack of care and knowledge. That aircraft was violating a half dozen codes. If this company were on top of its mechanics none of this would have occured.

1975 days ago
45.

wesfox    

Um, TKennedy, You are obviously mentally challenged, and might enjoy porno.com instead of wasting your time on this blog page. Sorry dude, you lose.

1975 days ago
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