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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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16.

Barfalufugus    

I would hardly call her a golddigger. People sue for estimated lost wages that spouse may have earned in their lifetime in some cases. There is nothing wrong with that. There also is nothing wrong suing for emotional pain and suffering. True...a settlement will not bring him back, but doing nothing won't bring him back either.

2110 days ago
17.

God    

I hope she gets a big settlement. My heart goes out to her and the other families. This story is so sad. RIP

2110 days ago
18.

jennbugged    

The fact is her husband was burned alive. How horrible is that? Knowing your spouse suffered a horrifying death and to learn that he was alive and on fire is enough to sue anyone or everyone who would have had any knowledge or connection to the plane and its mechanical components. Meaning, if the airplane company knew the airplane had faulty tires or if a tech did not do an accurate job then somebody needs to pay up.

2110 days ago
19.

not a dumbass    

Just because someone dies a horrible death doesn't mean it has to be anything but an ACCIDENT. Accidents happen. I don't know enough about planes to know if you can land with ruptured tires or not. Hopefully, this woman has information and really believes the pilot was negligent. If so, she can prove that in a court of law. But, for someone just to sue because someone died is ridiculous. Just because something bad happens to someone that doesn't mean they should necessarily just get some payout. I hope the posters here are young and just don't understand that life is tough, and things happen. i hope you aren't on the "hope for a lawsuit" retirement plan! And, the goldman comment is ridiculous, too. that man is the lowest of low, cared nothing for his - let's face it - nobody son, and now has to continue to be in the spotlight by harassing OJ Simpson - who was found not guilty of the murder. Yes, he was found to be "responsible" for the deaths in a civil trial. But, to put that in perspective, that could even be explained by the lifestyle he led, the people they knew, etc. and those things perhaps leading to the murders. goldman is a pathetic man. The only good news of OJ going to prison is that now goldman will have to crawl back in his hole and shut the hell up.

2110 days ago
20.

JR    

There is really no room for error in the Airline industry. Incompetent pilots should not even be allowed to fly planes, I say go for the gold with this lawsuit.

2110 days ago
21.

Pilots Wife    

It doesn't mention this here but she is also suing the estates of the pilots. I am completely disgusted, this woman should be ashamed of herself for suing the pilots who ALSO perished in the crash. As a wife of a pilot who fly’s the EXACT same aircraft as this one, it’s horrible to think that if my husband was the pilot, in what could possibly be a faulty aircraft, that I would have to hire lawyers to defend myself, my children and my home. How would she feel if the pilot’s family sued HER and her estate for having to fly them which eventually lead to their death as well?? I’m sorry for her loss but to drag this out and put the families of the pilots through this is beyond me. What a greedy stupid stupid woman. Did she stop to think, hey maybe the pilots have kids to, maybe they lost their mother or father as well. Nope! I hope she looses all lawsuits for her greed!

2109 days ago
22.

why?    

This picture is too spooky. I am totally amazed Travis and Adam survived. What a trip! They probably got Post Traumatic Stress. I hope they don't relapse behind this, you know they had to be getting pain killers with the burns and all. That would totally suck! Stay strong Adam and Travis. We love you because you guys rock! I especially love DJAM! He is just a great person in all ways. Nicole Richie must have lost her Damn mind! If I had that I'd never let go. Keep on keepin on boys! Mass love at ya...always.

2109 days ago
23.

shawn    

aborting a takeoff is done below a speed determined by wind, temp, aircraft weight, and barametric pressure

this speed is called V1 if it is found that the pilots aborted below this speed theres not much the barkers and bakers can do except convince a stupid judge that they aree aviation experts and the pilots were not

V1 is trained at every school that operates a multi engine aircraft
it is the speed that if you will reach it you will continue

hey sue god for putting the big dirt mound in front of them

oh barker you bitch i am a burn victim and i dont feel disfigured never have
but you should sue your tatto artist he did a lousy job on you

2109 days ago
24.

jennifer crowder    

I think she needs to sue. Her kids will have to have food on table, college, clothes, health care etc. The plane company has insurance and that's why we all have insurance for for accidents. None of us have seen the M.E.'s report on his death so we should not be judging this poor family. You know if you were in this situation you would sue to. An attorney told her what to sue for it's not like she sat around the house thinking of ways to sue. She has a kid to SUPPORT ALONE NOW.

Next to whoever made the remark about how do you like your drummer fried or crispy you have issues. How would you feel if someone said that about your mom?

2109 days ago
25.

why?    

Why shouldn't she sue? It's the American way of doing things. Everybody knows that.

2108 days ago
26.

kevin    

"Why shouldn't she sue? It's the American way of doing things. Everybody knows that."

Oh please, America HARDLY has a monopoly on suing.

It's idiotic xenophobic comments like this that make the world suck more than lawyers.

2108 days ago
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