The ex-wife of late NASCAR driver Greg Biffle filed a wrongful death lawsuit earlier this month in connection with the plane crash that killed Biffle and their daughter in December 2025.
Nicole Biffle, the ex-wife of Greg Biffle, and the mother of Emma Biffle, filed a wrongful death lawsuit on May 13 against the estate of Greg Biffle, the estate of Dennis Dutton the pilot of the plane, and GB Aviation Leasing, a company owned by Biffle.
Emma Biffle was one of seven people killed in a fiery plane crash on Dec. 18, 2025. She was killed along with her father, his wife and their son Ryder. Dennis Dutton, his son Jack Dutton and Craig Wadsworth were also killed in the crash.
Margaret Dutton, the executor of the estate of Dennis Dutton, GB Aviation Leasing, a company owned by Biffle, and Jordyn Biffle Carpenter, the administrator of the estate of Biffle were named in the wrongful death lawsuit.
The lawsuit alleges that there was negligence even before the plane began to taxi, leading to the crash that killed Greg and Emma Biffle.
The lawsuit claims that Greg Biffle asked for his 14-year-old daughter Emma Biffle, who he shared with ex-wife Nicole Biffle, to join him on a trip to Sarasota, Florida and the Bahamas.
Emma Biffle lived with her mother full time and occasional visited her father, the lawsuit said.
According to the lawsuit, Emma Biffle was unwell and had flu-like symptoms leading up to the trip, and did not want to go. The lawsuit alleged that her father, Greg Biffle, insisted that she go, and that Emma Biffle and her mother “reluctantly agreed.”
According to the lawsuit, negligence began before the plane began to taxi.
The lawsuit said that a flight from Statesville to Sarasota required it to be flown under instrument flight rules and an Instrument Flight Rules flight plan was allegedly filed with the Federal Aviation Administration, but never activated.
An Instrument Flight Rules flight plan is a set of regulations that allows for a plane to fly and rely on the cockpit instruments and navigations systems. By not activating the flight plan the pilot never contacted air traffic control to open the plan and receive clearance to fly.
An Instrument Flight Rules flight plan is required when flying in dense fog, low-hanging clouds or heavy rain.
It was reported that on the morning of December 18 it was cloudy and inclement weather, in the form of rain, fog was approaching from the west, according to the lawsuit.
An IFR clearance was mandated by the Federal Aviation Regulations, but the pilot-in-command, Dennis Dutton, allegedly departed without clearance or contacting air traffic control, according to the lawsuit.
The lawsuit said that Dennis Dutton and his son Jack Dutton were in the front sets of the aircraft. Greg Biffle was seated behind the cockpit and positioned so that he could see the aircraft instruments.
Nicole Biffle is seeking $25,000 in compensatory damages.
A preliminary report, released on Friday, Jan. 30, detailed a combination of possibly faulty flight instruments and pilot behaviors that may have contributed to the deadly crash.
The NTSB report noted several malfunctions on the day of the crash, including a faulty altitude indicator and malfunctioning flight instruments. A gauge indicating engine power and an engine temperature indicator were also reported as not working properly.
The report also said that the plane first struck an object while at about 1,400 feet from the runway before the Cessna 550 caught fire.
The Cessna 550 struck light stations on the runway and trees at approximately 1,400 feet before it crashed and caught fire. All seven passengers aboard the plane were killed in the crash.
In April, the Dutton estate filed a wrongful death against the estate of NASCAR driver Greg Biffle.
The wrongful death lawsuit filed against the Biffle estate on April 17, claimed that Biffle who was owner of the Cessna 550 plane and he was responsible for maintenance, operation and safety.
The lawsuit is seeking $15 million.
The estate of Emma Biffle, filed a wrongful death lawsuit against the estate of Dennis Dutton. The lawsuit is seeking $10 million.