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The family of a 13-year-old girl who was sexually assaulted on a Delta flight is suing the airline for negligence, alleging flight attendants not only overserved the assailant alcohol but failed to properly intervene after the assault.
The lawsuit was originally filed in March in state court but was moved earlier this month to federal court, citing damages that exceed $75,000 and parties that live in different states.
The incident took place on a June 23, 2022 red-eye flight from Los Angeles to Orlando where the victim, referred to only as Z.B. in court documents, was separated from her mother and 15-year-old brother. The complaint says Z.B. was seated two rows behind her family in a middle seat, sandwiched between a woman on one side and the assailant, identified as 53-year-old Brian Patrick Durning, on the other.
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The suit alleges that Durning was visibly intoxicated, smelled strongly of alcohol and had admitted to being drunk before boarding the flight. The cabin crew still continued to serve him alcohol during beverage service, however, says the complaint.
After cabin lights were dimmed for the overnight flight and most passengers had dozed off, the lawsuit says Durning began assaulting the teen, rubbing her neck and hair, fondling her breasts, rubbing himelf with his zipper open, forcing her legs open and more.
During this time, he allegedly told Z.B., who suffers from selective mutism and therefore was rendered unable to call for help, he would take her away from her family and with him to Texas and called her “Honey boo boo.”
According the the complaint, when the woman sitting on the other side of Z.B. woke up, she noticed Durning withdrawing his hand from the teen’s upper thigh. She quickly switched spots with the girl, says the suit, before notifying staff, telling an “in-flight leader” that Durning had inappropriately touched the girl, who was crying and experiencing a panic attack. She also alleged that the man tried to grope her breasts as well after she moved seats.
Delta failed to restrain passenger after assault, says lawsuit
The family alleges that Delta did not act appropriately after staff were notified of the assault, failing to restrain Durning or prevent him from harassing Z.B. or other passengers further.
Durning was moved to a seat two rows in front of the teen, still within view, and her family was moved to sit next to her in the seat where she had been attacked. Court documents allege that Z.B.’s mother requested Durning be moved to a seat where he could not see the family but was refused.
Throughout the remainder of the fight, Durning “continued to harass” the family, staring the girl down as he continued to visibility touch himself, says the suit. He was also allowed to roam around the cabin, enabling him to continue to approach and touch his genitals in front of Z.B.
“Delta’s inadequate response emboldened Durning and allowed him to continue harassing plaintiffs for the duration of the flight,” says the complaint. “Durning repeatedly turned back to leer at the plaintiffs.”
When the flight landed, Delta “did not restrain Durning or arrange for law enforcement to escort him off the plane,” says the suit. Instead, Durning, who was accused of groping yet another female passenger before deboarding, was allowed to walk freely off the plane, the claim says.
He allegedly waited for Z.B. and her family near the gate and, when he spotted them walking across the jet bridge, again “grabbed his groin while looking directly at her” and screamed, the complaint says. The crew failed to protect the passengers in multiple ways, alleges the suit, including failure to use in-flight restraints and failing to divert the flight.
Man arrested for attacking minor on Delta flight
Later, Durning was finally arrested by law enforcement at Orlando International Airport.
A federal jury had found Durning guilty of assaulting a minor on an aircraft on June 22, 2023. United States District Judge Wendy W. Berger sentenced Durning to five years in federal prison and three years of supervised release.
“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,” said the lawsuit, which also detailed Z.B.’s struggle with PTSD as a result of the event.
“Formerly an excellent student and popular classmate, she now struggles academically, does not want to go to school and has isolated herself socially,” it continues.
The suit also alleges that her brother and mother are dealing with long-term negative effects of the incident.
The lawsuit is demanding Delta Air Lines pay for past, present and future damages, including lost earnings. A specific dollar amount is not named in the court documents.
In a statement, Delta said, “While Delta will decline to comment on pending litigation, we have zero tolerance for unlawful behavior on flights and in airports and work with law enforcement to that end.”
