A household is suing Delta Air Strains after a 13-year-old woman was sexually assaulted when she was separated from her dad and mom on board

• A 13-year-old woman was sexually assaulted on a Delta Air Strains flight in 2022.

• Passenger Brian Patrick Durning was sentenced to 5 years in jail in late September.

• A lawsuit filed final Monday says Delta did not restrain him and allowed him to roam across the cabin.

Delta Air Strains is being sued by the household of a 13-year-old girl who was sexually assaulted on a flight.

The grievance, which Enterprise Insider has seen, was filed in a California district court docket final Monday.

Brian Patrick Durning was sentenced to 5 years in jail final September after he was discovered responsible on three counts associated to the 2022 incident.

The household’s lawsuit accuses Delta of gross negligence. It says the airline “enabled” the assault by permitting a “visibly intoxicated” Durning to board the flight and persevering with to serve him alcohol all through.

In the course of the red-eye flight from Los Angeles to Orlando, the sufferer, referred to as ZB, was seated separate from her household, in a center seat two rows behind them, the swimsuit says.

It provides that she has selective mutism, which made her unable to name for assist in the course of the assault.

The assault befell whereas the lights have been dimmed and most passengers have been sleeping. When a lady sat on the opposite facet of ZB awakened, she instructed Durning to cease and alerted a flight attendant, the grievance says.

It alleges that the cabin crew didn’t restrain Durning however moved him to an aisle seat two rows forward, from the place he “continued to harass” the woman.

The grievance provides that Durning roamed across the cabin and grabbed his genitals whereas wanting on the plaintiffs.

“After the flight landed, Delta didn’t restrain Durning or organize for legislation enforcement to escort him off the airplane,” the lawsuit says.

The woman, now aged 16, suffers from post-traumatic stress dysfunction and has recurring nightmares concerning the incident, it provides.

Delta Air Strains didn’t instantly reply to a request for remark despatched by BI exterior US working hours.

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