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New Lawsuit in Barker/DJ AM Plane Crash

12/10/2008 7:45 AM PST BY TMZ STAFF

The surviving wife and son of one of the crash victims in the Travis Barker/DJ AM plane crash is suing the aviation and tire company for wrongful death.

Chris Baker, Travis Barker's best friend and assistant, died in the private jet crash last September. His wife, Otilia Villar Baker, and son, Sebastian, claim in a lawsuit filed today in L.A. County Superior Court that the pilots "negligently decided to abort and/or reject the takeoff." In other words, the lawsuit claims the proper procedure should have been to take off with the ruptured tire/tires.

The suit claims Baker suffered "severe pre and post-impact injury, damage to property, pain, suffering, and emotional distress, and ultimately died due to fatal injuries sustained from said crash including but not limited to the post-impact fire." And there's this ominous line: "The death was not immediate."

The suit seeks unspecified damages.

26 COMMENTS

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1.

Joel    

a settlement is not going to bring him back.

2058 days ago
2.

Melody    

I would sue them also. Hopefully she doesn't blow the money on drugs and saves some for the kid.

2058 days ago
3.

maggie    

money money money money. Always money.

2058 days ago
4.

C~Linds    

"Death was not immediate" they need to "PayUp"...big time! That sucks...you lose your man and know that he suffered,
not much could be worse for a young Mom.
I wish her strength during the Holidays!

2058 days ago
5.

Karen27    

so the wrongfully aborted the takeoff....what would have happened if they had taken off when it was time to land with ruptured tires? Wouldn't there have been a crash then too? It's not that I don't think she should sue but......

2058 days ago
6.

Janet    

God bless the family.

2058 days ago
7.

Ms_Tell_It_Like_It_Is    

I don't understand what the alternatives would be to aborting a take off when tires rupture. I guess some expert will testify to this and clear it up.

2058 days ago
8.

wtf    

I think whether they aborted or took off the results would have been the same. My heart goes out to her,

2058 days ago
9.

Barfalufugus    

A plane can land with ruptured tires. My husband is a pilot and has landed with a ruptured tire before.

2058 days ago
10.

InTune    

I called it in my post near time of the accident. Based on all of the info provisioned including speed and remaining runway, continuing the takeoff would have been a superior choice because upon decent then they could have had less fuel on board, a special attention expert guided landing situation, and even options such as parachute if recommended.
I am not attempting to overlook the immense sorrow that we face due to the incident- pls remember excellence for generating some comfort during these times, but the pilot's decision was a crucial factor impacting the survival rate in this unfortunate incident. The aircraft operators' training and the responsibility for their decisions will rightfully be put to trial.

2058 days ago
11.

Yawn    

Of course this woman will sue and why not?
Her husband died a horrible death.
My heart goes out to her.

2058 days ago
12.

parsnip    

it sucks that it happened and i don't blame her for suing. she needs some way to make up for the loss of his income. she has kids that are going to need to go to college, etc some day.

2058 days ago
13.

Crackhead    

Do you prefer your drummer original or extra-crispy?

2058 days ago
14.

Alex    

The point here is the same as with the Goldman family suing OJ for killing their son. There is no other way of really punishing them than with money. If she is a golddigger, so what? She still lost her husband and her kid still lost his father. I just hope that any settlement she gets is properly administered, so that there is money left for the child as he grows up.

2057 days ago
15.

nsaustin    

Of course she should sue, she and her son deserve to be compensated for their loss, pain and suffering. How horrible to know that your loved one died a painful scary death. No, it won't bring the deceased back, but maybe it will help to make sure it doesn't happen again to someone else; by forcing the tire manufacturers to increase their safety standards/quality control etc.

2057 days ago
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