Every Parent’s Worst Nightmare Teen Sues Delta Air Lines Over Sexual Assault by Passenger
A teenage girl who was sexually attacked on a red-eye flight from Los Angeles to Orlando is suing Delta Air Lines for negligence, alleging flight attendants fed her assailant drinks and failed to detain him.
According to counsel for the 13-year-old girl and her family, her attacker molested another passenger on the June 23, 2022, flight and then harassed her by grasping his groin and swearing at her as she and her family tried to get off the plane.
“What was intended as a joyful family trip turned into a life-altering, traumatic experience for a young teenager and every parent’s worst nightmare,” states the federal lawsuit.
In September, Altadena’s Brian Patrick Durning, 53, was sentenced to five years in a low-security federal prison in New Jersey for the attack.
Attorneys representing the teenage girl and her family said in court records that the attack still affects the girl, her young brother, and their mother, who were on the aircraft.
The lawsuit asks Delta Air Lines to pay for past, present, and future losses, including missed earnings, by the child, her brother, and her mother due to the attack, but does not specify a cash sum.
According to court records, the lawsuit was filed in state court on Jan. 30 but transferred to federal court earlier this month since the damages surpassed $75,000 and the defendant and plaintiffs live in different jurisdictions.
Attorneys allege Delta Air Lines “enabled” the attack by serving wine to Durning at the start of the nighttime journey and allowing him to board intoxicated.
Delta spokespersons declined to comment on the suit in brief statements.
“We have zero tolerance for unlawful behavior on flights and in airports and work with law enforcement to that end,” the note said.
The suit claims that Z.B., a 13-year-old girl, was traveling from LAX to Orlando with her brother and mother to see family.
The 13-year-old was sitting in a middle seat with a woman and Durning on the nighttime journey, while the mother sat with her son.
The suit alleges that Durning was assaulted after the flight was offered a drink and the lights were dimmed.
Court recordings show Durning stroking the girl’s hair, breasts, and vagina while touching his genitals.
Durning dubbed the girl “honey boo” and threatened to take her to Texas from her family.
The suit claims the girl’s anxiety and selective mutism prevented her from screaming for aid throughout the abuse.
The female passenger on the other side awakened up and witnessed Durning hurriedly remove his hand from the youngster, alerting flight attendants.
The passenger shouted at Durning to stop, exchanged seats with the girl, and alerted the flight attendants.
As she requested assistance, Durning allegedly caressed the female passenger’s breasts.
Family attorneys say flight attendants did not restrain Durning or put him in the back of the plane. He was seated diagonally and given Z.B.
The suit claims Z.B.’s mother requested that he be transferred away from her daughter, but this was done.
The lawsuit claims Durning harassed her and her family during the flight, touching himself and staring at Z.B.
The suit claims he was allowed to roam the jet cabin harass Z.B. and touch himself in front of her.
Durning is accused of molesting the female passenger next to him after he was moved before the flight landed in Orlando.
Durning allegedly gripped his groin, shouted, and threw his phone down as the family exited the plane through the jet bridge.
Attorneys say Z.B. has had nightmares, PTSD, depression, and panic attacks since the incident.
The suit claims she injured herself and her grades after missing 40 days of school. She rejects family hugs and “has reacted negatively to her father touching her on the shoulder.”
“Formerly an excellent student and popular classmate, she now struggles academically, does not want to go to school and has isolated herself socially,” it says.
Her 16-year-old brother, who also had anxiety, now fears flying and male strangers, according to court filings.
“He has become afraid of dark public spaces such as movie theaters and refuses to go to places outside of school, or home without his mother,” reads.