The suit states: “The pilots were either poorly trained and/or failed to follow their training. The pilots’ decision was a breach of their duty owed to the passengers on board and was a substantial factor in causing the crash and resultant injuries and deaths.”

It goes on to say that the plane’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, disfigurement, loss of earnings capacity and medical expenses.”

Released three months early on good behavior, Nick Bollea got a big greeting from sister Brooke Hogan as he left the Pinellas County Jail in Clearwater, Florida.

After pleading no contest to reckless driving charges stemming from an August 2007 crash, Nick entered the jail on May 9, 2008 - walking out of the detention facility for the first time on Tuesday morning (October 21) at 12:32 AM.

Just prior to her brother’s release, Brooke Hogan wrote on her MySpace page, “I can’t even tell you, as a sister, how exciting this is for me! Nick and I are like best friends…and I can’t believe how long I’ve gone without him.” She added, “I just can’t wait to see my Nicky! I’m gonna make him every kind of food you can possibly think of! He’s been living on bread and potatoes so far and I know some Mac-n-Cheese is gonna hit the spot! LOL”

His representative said: ‘DJ AM is deeply saddened by the events, he is thankful for all of the love and support he has been receiving from fans and friends worldwide. We ask that you continue respect his privacy as he rests and heals and mourns the loss of his friends.’

The jail official said: “They automatically get credits towards early release, and if they don’t do anything bad while they’re here, they get to use the credits.”

Nick’s brother Brooke said, “I’m not sure where he’ll live. I think he’s going to do his own thing.”