A teenage lady who was sexually assaulted throughout a red-eye flight from Los Angeles to Orlando is suing Delta Air Strains for negligence, claiming flight attendants served her assailant alcohol and did not restrain him after the assault.
Consequently, attorneys for the 13-year-old lady and her household declare her attacker touched one other passenger through the June 23, 2022, flight, after which harassed the underage lady by grabbing his groin and yelling at her as she and her household tried to get off the aircraft.
“What was supposed as a joyful household journey changed into a life-altering, traumatic expertise for a younger teenager and each mum or dad’s worst nightmare,” the go well with, filed in federal courtroom, reads.
Brian Patrick Durning, 53, of Altadena, was sentenced in September to 5 years in jail over the assault and is at present in a low-security federal jail in New Jersey.
Attorneys for the teenage lady and her household say in courtroom paperwork that they’re nonetheless dwelling with the impacts of the assault, which have affected the lady in addition to her younger brother and their mom, who had been additionally on board the flight.
The household is asking that Delta Air Strains pay for previous, current and future damages suffered, together with misplaced earnings by the lady, her brother and her mom because of assault, however the lawsuit doesn’t specify a greenback quantity.
The lawsuit was filed on Jan. 30 in state courtroom, however the case was transferred to federal courtroom earlier this month as a result of the courtroom discovered the quantity of damages in query exceeded $75,000, and the defendant and plaintiffs reside in several states, in keeping with courtroom data.
Within the grievance, attorneys declare Delta Air Strains “enabled” the assault, alleging Durning was already visibly intoxicated when he boarded, and was served alcohol through the starting of the in a single day flight.
In a brief assertion, a spokesperson for Delta declined to touch upon the go well with.
“Now we have zero tolerance for illegal habits on flights and in airports and work with regulation enforcement to that finish,” the assertion learn.
Based on the go well with, the then-13-year-old lady — recognized solely as Z.B. in courtroom paperwork — was touring from LAX to Orlando together with her brother and mom to go to household.
In the course of the in a single day flight, the mom was seated together with her son, however the 13-year-old was seated individually in a center seat with a lady on one aspect, and Durning on the opposite.
The assault started, in keeping with the go well with, after Durning was served alcohol within the flight and after the lights had been dimmed.
Based on courtroom data, Durning started to the touch the lady’s hair, her breasts and her vagina whereas touching his genitals.
At one level, Durning known as the lady “honey boo” and informed her he deliberate to take her away from her household to Texas.
The lady already skilled anxiousness and selective mutism, which made her unable to scream out or name for assist through the assault, in keeping with the go well with.
Flight attendants had been lastly alerted when the feminine passenger on the opposite aspect awoke and noticed Durning rapidly transfer his hand away from the minor.
The passenger yelled at Durning to cease, switched seats with the lady, and known as for the flight attendants.
Durning allegedly touched the feminine passenger’s breasts in addition to she known as for assist.
Attorneys for the household declare flight attendants didn’t restrain Durning or place him at the back of the aircraft. As a substitute, he was moved to a seat diagonally and inside view of Z.B.
This was performed, the go well with declare, even after Z.B.’s mom requested that he be moved someplace out of sight from her daughter.
Durning continued to harass her and her household, touching himself whereas Z.B. and her household throughout the remainder of the flight, in keeping with the lawsuit.
The go well with claims he was allowed to roam the cabin of the aircraft, which allowed him to harass Z.B. and contact himself in entrance of her.
Earlier than the flight landed in Orlando, Durning is accused of additionally touching the feminine passenger who was seated subsequent to him after he was moved.
On the finish of the flight because the household tried to stroll out of the aircraft by way of the jet bridge, Durning allegedly grabbed his groin, screamed and appeared to throw his cellphone down as they walked previous.
Because the incident, attorneys declare Z.B. has suffered from nightmares, post-traumatic stress, despair and panic assaults.
Based on the go well with, she has harm herself, and her grades have suffered after she missed about 40 days of college. She refuses to hug members of the family and, “has reacted negatively to her father touching her on the shoulder.”
“Previously a wonderful scholar and standard classmate, she now struggles academically, doesn’t wish to go to high school and has remoted herself socially,” the declare states.
Her brother, 16 on the time, has additionally suffered from anxiousness, in keeping with courtroom paperwork, has a worry of flying now and has developed a worry of male strangers.
“He has turn into afraid of darkish public areas akin to film theaters and refuses to go to locations outdoors of college, or dwelling with out his mom,” it states.
