'Every Parent's Worst Nightmare': Teen Who Was Sexually Assaulted by Passenger Sues Delta Air Lines
In a harrowing case that has captured national attention, a 13-year-old girl is suing Delta Air Lines after she was sexually assaulted during a red-eye flight from Los Angeles to Orlando. The lawsuit, filed in federal court, alleges negligence on the part of the airline, claiming that flight attendants not only served alcohol to her assailant but also failed to take appropriate action after the assault occurred.
The Incident
On June 23, 2022, the girl, identified only as Z.B. in court documents, was traveling with her mother and younger brother to visit family. During the overnight flight, Z.B. was seated next to Brian Patrick Durning, a 53-year-old man who was reportedly already intoxicated when he boarded the plane. After the cabin lights were dimmed, Durning began to inappropriately touch Z.B., making lewd comments and attempting to isolate her from her family.
The assault escalated when a female passenger seated next to Z.B. woke up and witnessed Durning's actions. She immediately alerted flight attendants, but the response was inadequate. Instead of restraining Durning or moving him away from Z.B., he was simply relocated to a seat within view of the young girl, allowing him to continue his harassment throughout the flight.
Legal Action
The lawsuit, filed on January 30, 2023, claims that Delta Air Lines "enabled" the attack by serving alcohol to Durning and failing to protect Z.B. from further harm. The family is seeking compensation for past, present, and future damages, including lost earnings and emotional distress, although they have not specified a dollar amount.
Durning was sentenced to five years in prison in September 2022 for his actions and is currently serving time in a low-security federal prison in New Jersey. The family’s attorneys argue that the psychological impact of the assault has been profound, affecting not only Z.B. but also her brother and mother, who were witnesses to the traumatic event.
Ongoing Impact
Since the incident, Z.B. has experienced severe emotional distress, including nightmares, post-traumatic stress, and depression. Her academic performance has plummeted, and she has missed approximately 40 days of school. The lawsuit details how she has become socially isolated, struggling to engage with family members and peers.
Her brother, who was 16 at the time of the incident, has also been deeply affected. He now suffers from anxiety and has developed a fear of flying and male strangers, significantly altering his daily life and social interactions.
Delta Air Lines' Response
In a brief statement, a spokesperson for Delta Air Lines declined to comment on the ongoing lawsuit but reiterated the airline's commitment to maintaining a zero-tolerance policy for unlawful behavior on flights. The airline claims to work closely with law enforcement to address such incidents.
Conclusion
This case highlights the critical need for airlines to ensure the safety and well-being of their passengers, particularly vulnerable individuals like children. As the lawsuit unfolds, it serves as a stark reminder of the potential dangers that can arise in seemingly safe environments and the lasting impact such traumatic experiences can have on victims and their families.