Northlake survivor of Aeromexico crash files lawsuit against airline

CHICAGO (WLS) -- The first lawsuit filed against Aeromexico following a crash in Durango, Mexico, Tuesday has been filed by a survivor who lives in west suburban Northlake.

Nestor Martinez was sitting in the 15th row, when his attorneys said passengers thought the plane was going to explode. Now they want to know if weather lead to this fiery crash.

Martinez was tearful as he was greeted by his family at O'Hare about 24 hours ago, finally back home.

The group arrived back in Chicago after surviving the terrifying crash.

Martinez said he is glad to be back with his family, who are his focus right now.

He is the first passenger to file a lawsuit against Aeromexico.

"He was injured getting out during the process and the basis of this lawsuit is to compensate him for his injuries and really to find out what happened," said attorney Bob Bingle, Corboy & Demetrio.

Martinez's lawyers want to know why the takeoff in poor weather wasn't aborted.

All the passengers and crew survived.

"There really isn't any words to describe it. Just different, so different," said survivor Kayla Martinez.

Martinez's won't disclose how much he is seeking.

He was sitting in the 15th row next to the passenger who was recording the crash.

The NTSB has joined this investigation. It could take months to determine what exactly went wrong.