A teenage girl groped by an Altadena man aboard a redeye flight from Los Angeles to Orlando in 2022 is suing Delta Airlines, alleging flight attendants served him alcohol even though he already was intoxicated when he boarded the plane and failed to restrain him after the assault.
The suit, which was moved from state to federal court last week, was filed on behalf of the girl — who was 13 at the time and living in Los Angeles County — her mother and brother. It alleges the girl, identified in the suit as Z.B., was sitting apart from her family on the plane when Brian Patrick Durning, 53, touch her inappropriately after the cabin lights were dimmed.
Following a trial in Florida, Durning was convicted of assault of a minor on an aircraft and two counts of simple assault on June 23, 2023. He was sentenced to five years in prison, to be followed by three years of supervised release.
The lawsuit against Delta, alleging negligence and emotional distress, also names Durning as a defendant and seeks unspecified damages
Delta officials refused to discuss the suit. “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,” Delta said in a statement.
Nightmare in the sky
On June 23, 2022, Z.B., her mother, and 15-year-old brother embarked on a “joyful family trip” by boarding Delta flight 2954 at Los Angeles International Airport en route to Orlando International Airport, the suit states.
However, due to reservation issues, Z.B. had to sit two rows behind her mother and brother, who were on the right side of the aisle. She was assigned a middle seat on the left side of the aisle, with Durning on one side and a female passenger on the other.
According to the suit, Durning reeked of alcohol and admitted he was intoxicated before boarding. Additionally, the cabin crew allegedly served him alcohol repeatedly during the flight’s initial hours.
After the…
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