New Lawsuit in Barker/DJ AM Plane Crash

12/10/2008 7:45 AM PST

New Lawsuit in Barker/DJ AM Plane Crash

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.