Teen groped by unruly California man aboard Delta flight sues airline for negligence

Complaint says airline continued to serve Altadena man alcohol and failed to restrain him after assault on a 13-year-old girl during flight from LAX t to Orlando.

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 food and beverage service was completed, the lights in the cabin were dimmed.

It was there in the darkness, as other passengers slept, that Durning rubbed Z.B’s hair and neck, touched her breasts, pried open her legs and pushed his fingers into her vagina over her clothes, and rubbed his genitals with his hand over his trousers, with his zipper open, the suit states.

He also allegedly called Z.B. “honey boo” and told her he was going to take her to Texas and she would never see her family again, the suit alleges.

Z.B., the suit said, has selective mutism, an anxiety disorder that renders her unable to speak in certain stressful situations. As a result, she was unable to call out for help and sat in her seat, terrified and crying, as she tried to move away from Durning.

When the female passenger seated next to Z.B. awoke, she saw Durning quickly remove his hand from the girl’s upper thigh, the suit states. The passenger immediately switched seats with the girl and sought the attention of flight attendants. She informed the “in-flight leader,” who is in charge of the onboard operations of the crew, that Durning had inappropriately touched Z.B., the suit states.

Flight crew failures

The flight crew’s response to the sexual assault on Z.B. was to keep her seated where the attack occurred and to move her mother and brother to that row to sit next to her. Meanwhile, Durning was relocated to a seat two rows away.

Z.B’s mother allegedly asked that Durning be moved to a different seat where she and her children couldn’t see him, but the flight crew refused.

“Delta’s inadequate response emboldened Durning and allowed him to continue harassing plaintiffs for the duration of the flight,” says the suit. “Durning repeatedly turned back to leer at the plaintiffs.”

The flight crew also allegedly permitted Durning to move freely about the cabin, where he grabbed his genitals over his clothing while taunting the plaintiffs.

Additionally, the crew chose not to place Durning in “tuff cuff” restraints, which are stainless steel handcuffs readily available for use on aircraft, and Delta failed to divert the flight, states the suit.

Harassment at airport

Upon landing in Orlando, Delta employees allegedly did not restrain Durning or arrange for law enforcement to escort him off the aircraft before allowing passengers to deplane. After Durning exited the plane, he purportedly stood facing the gate to wait for Z.B.

“When he saw plaintiff Z.B. walking down the jet bridge, Durning grabbed his groin while looking directly at her,” the suit states.

Durning eventually was arrested by law enforcement personnel at Orlando International Airport.

Previous alcohol problems

Durning told U.S. Marshals Service Senior Inspector Anthony Helicio he had “one to two beers” before boarding the flight at LAX, according to a probable-cause affidavit.

Once aboard the plane, Durning stated, he took an Ambien pill, drank a glass of white wine, and fell asleep, only to be awakened by someone asking him to switch seats, the affidavit states.

A sentencing memo states Durning was aware Ambien was not responsible for his actions aboard the plane.

“He persisted in this false defense for months, at great time and expense to the government,” the memo states. “Onlywhen his fabricated defense was exposed through experts did he abandon the Ambien claim. But he persisted in this fraud in order to conceal his crime. The nature of this offense is abhorrent, disgusting, and calls for a serious sentence.”

The memo also notes Durning has been convicted of alcohol-related driving offenses, but has not learned from previous punishments. Additionally, about two months after Durning was released on bond for molesting Z.B., he allegedly got into a drunken altercation with his girlfriend at Amigo’s restaurant in Pasadena.

A psychological evaluation shows that Durning remains “firmly in denial” about his alcohol abuse and has “floundered professionally and personally” throughout his life, according to court records.

In the months following the ordeal, the lawsuit alleges, Z.B. developed a fear of flying, refused to wear a bathing suit or shorts, no longer hugged family members and used scissors to cut her thigh.

“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,” the suit states. “This lawsuit seeks to hold Delta and Durning accountable for their reprehensible conduct.”