Greg Biffle’s ex-wife sues driver’s estate, pilot’s estate for wrongful death
The pilot of the plane that would crash and kill everyone on board, including NASCAR driver Greg Biffle and his family, failed to follow proper protocol before takeoff on Dec. 18, a wrongful death lawsuit alleges.
The lawsuit was filed by Nicole Biffle, the ex-wife of Greg Biffle, on behalf of their daughter, Emma, against the estate of the pilot, Dennis Dutton, and her ex-husband on May 13 in Iredell County Superior Court.
Emma Biffle was one of the seven people on board the Cessna 500 Citation II when it crashed at Statesville Regional Airport. She was 14 at the time of the crash, according to the lawsuit.
“The negligent conduct that ultimately led to the crash of N257BW began well before the jet aircraft began to taxi,” the lawsuit said, accusing Dutton and Greg Biffle of acting negligently.
The lawsuit alleges Dutton did not turn on a generator after the plane’s left engine failed to start, did not follow proper procedures after noting warning lights indicated the thrust reversers were inoperative, and flew at dangerously low altitudes.
Greg Biffle is accused in the lawsuit of being negligent in cooperating with Dutton, despite knowing the problems Dutton was experiencing before and during the flight, the lawsuit said.
“The passengers, including Emma, were aware of their mortal danger as evidenced by at least one text sent by Greg Biffle’s wife indicating, ‘we are in trouble,’” the lawsuit said. “As the plane caromed around the pattern to final approach and descended to a low and unsafe altitude, the likelihood of impending doom was apparent to all aboard.”
The plane would lose control, crash into trees, catch on fire and burn everyone on board to death, the lawsuit said.
Previous lawsuits
Nicole Biffle filed notice in February of a wrongful death lawsuit against Dennis Dutton’s estate. Lawyers for Dutton’s estate and also for his son, Jack, filed wrongful death claims against Greg Biffle’s estate in Iredell County on April 17.
The Duttons’ estates claimed Greg Biffle failed “to maintain the aircraft in an airworthy condition,” the lawsuits said. They also allege Biffle didn’t have “sufficient and/or adequate crew” on the flight, and didn’t “conduct adequate safety checks,” repairs and inspections of the plane.
Biffle was a veteran NASCAR driver and Hall of Fame nominee. He earned 19 wins in 515 starts and contended for the playoffs throughout his career. He also finished in the top 10 standings six times, and was runner-up in 2005. He was named one of NASCAR’s 75 greatest drivers.