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Delta Faces Lawsuit for Alleged Negligence after 13-year-old is Sexually Assaulted on Flight

Delta Faces Lawsuit for Alleged Negligence after 13-year-old is Sexually Assaulted on Flight

A lawsuit has been filed against Delta by the family of a 13-year-old girl who was sexually assaulted during a flight. The family claims that the airline’s negligence is to blame, as they allege that the flight attendants not only served excessive alcohol to the assailant but also failed to intervene effectively after the assault took place.

The lawsuit was initially filed in March in state court but has recently been transferred to federal court. This move was made due to the claim of damages exceeding $75,000 and the involvement of parties residing in different states.

On a June 23, 2022 red-eye flight from Los Angeles to Orlando, an incident occurred where a victim, identified as Z.B. in court documents, was unfortunately separated from her mother and 15-year-old brother. Z.B. was seated two rows behind her family in a middle seat, with a woman on one side and the assailant, identified as 53-year-old Brian Patrick Durning, on the other, according to the complaint.

According to the lawsuit, Durning appeared to be under the influence, emitting a strong smell of alcohol, and even confessed to being intoxicated prior to getting on the plane. According to the complaint, the cabin crew continued to serve him alcohol during beverage service.

During the overnight flight, when the cabin lights were dimmed and most passengers were asleep, a disturbing incident occurred. According to the lawsuit, Durning allegedly assaulted a teenager, engaging in inappropriate behavior such as touching her neck and hair, fondling her breasts, and exposing himself. The lawsuit also claims that he forced her legs open and engaged in further misconduct.

At that moment, he reportedly informed Z.B., who has selective mutism and was unable to ask for assistance, that he planned to bring her to Texas and separate her from her family, referring to her as “Honey boo boo.”

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According to the complaint, when the woman sitting next to Z.B. woke up, she observed Durning removing his hand from the teenager’s upper thigh. According to the suit, the woman promptly changed seats with the girl and then informed the staff. She reported to a “in-flight leader” that Durning had touched the girl inappropriately, causing her to cry and have a panic attack. Additionally, she claimed that the individual attempted to touch her chest when she changed seats.

The family claims that Delta failed to take appropriate action after being informed of the assault, neglecting to restrain Durning or prevent him from continuing to harass Z.B. and other passengers.

Durning was relocated to a seat two rows ahead of the teenager, still within sight, and her family was also relocated to sit beside her in the seat where the incident occurred. According to court documents, it is claimed that Z.B.’s mother asked for Durning to be relocated to a different seat so that he could not see the family. However, her request was denied.

During the rest of the altercation, Durning persistently bothered the family, glaring at the girl while engaging in inappropriate behavior, according to the lawsuit. He was given the freedom to move around the cabin, which allowed him to persist in engaging in inappropriate behavior in front of Z.B.

The complaint states that Delta’s response was insufficient, which empowered Durning to persistently harass the plaintiffs throughout the entire flight. “Durning consistently looked back with a suggestive gaze towards the plaintiffs.”

The lawsuit claims that upon landing, Delta failed to take appropriate action by not restraining Durning or arranging for law enforcement to escort him off the plane. According to the claim, Durning, who allegedly groped another female passenger, was able to leave the plane without any consequences.

According to the complaint, he reportedly waited for Z.B. and her family near the gate. When he saw them walking across the jet bridge, he allegedly made inappropriate gestures and shouted at her. The lawsuit claims that the crew did not adequately ensure the safety of the passengers, citing their alleged failure to use in-flight restraints and their decision not to divert the flight.

Eventually, Durning was apprehended by authorities at Orlando International Airport.

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Durning has been convicted by a federal jury for assaulting a minor on an aircraft on June 22, 2023. United States District Judge Wendy W. Berger has handed down a sentence of five years in federal prison and three years of supervised release for Durning.

“The incident transformed a pleasant family outing into a deeply distressing and life-changing event for a young teenager, a situation that every parent dreads,” stated the lawsuit, which also provided information about Z.B.’s ongoing battle with PTSD stemming from the incident.

According to the report, she was once a high-achieving student and well-liked by her peers. However, her academic performance has declined, she has lost interest in attending school, and she has become socially withdrawn.

Additionally, it is claimed that her brother and mother are experiencing lasting repercussions from the incident.

The lawsuit is seeking compensation from Delta Air Lines for various damages, including lost earnings. No specific dollar amount is mentioned in the court documents.

Delta released a statement stating that they do not wish to comment on the ongoing legal proceedings. However, they emphasized their strong stance against any illegal activities that occur on their flights or in airports, and their commitment to working with law enforcement to address such issues.

Source: USA Today

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