Delta Sued for Negligence After 13-Year-Old Girl Sexually Assaulted on Plane

The family of a 13-year-old girl, Z.B., is suing Delta Air Lines for negligence after she was sexually assaulted on a red-eye flight from Los Angeles to Orlando in June 2022. The assailant, 53-year-old Brian Patrick Durning, was visibly intoxicated before and during the flight, yet continued to be served alcohol by the cabin crew.

Formerly an excellent student and popular classmate, she now struggles academically, does not want to go to school and has isolated herself socially.

The lawsuit alleges:

• Durning fondled Z.B.'s neck, hair, and breasts, rubbed himself with his zipper open, forced her legs open, and more.
• The girl suffers from selective mutism, rendering her unable to call for help.
• Durning told Z.B. he would take her away from her family and to Texas, calling her "Honey boo boo."
• When another passenger noticed and switched seats with the teen, Delta staff were notified but failed to restrain or adequately move Durning, who continued to harass the family.
• Delta did not arrange for law enforcement to escort Durning off the plane, and he was allowed to walk freely, continuing to harass the family.
• Durning was later arrested and found guilty of assaulting a minor on an aircraft, receiving a 5-year prison sentence and 3 years of supervised release.

The family demands Delta pay for past, present, and future damages.

Delta has released a statement:

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.

https://www.justice.gov/usao-mdfl/pr/california-man-sentenced-federal-prison-assaulting-child-aircraft