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A Delta Air Lines passenger claims he was beaten senseless upon landing at Newark Airport by a trio of fellow fliers who kicked, punched, and bludgeoned him with a metal stanchion after an onboard restroom dispute.
Usman Bilawal suffered a concussion during back-to-back pummellings, along with a lower lip torn so badly it required 25 stitches to close, according to a federal lawsuit obtained by The Independent. It says the 31-year-old New Jersey resident was first assaulted at the arrivals gate, then at the food court — getting robbed of his cell phone in the process — and, more than two years later, is still feeling the effects of the harrowing incident.
“As a result of the attack, Bilawal fears having people sit or stand behind him which negatively impacts his work as a driver for Uber,” the complaint states. “Bilawal continues to receive ongoing treatment for paranoia and anxiety as a result of the assault, including taking prescription medication regularly.”
Bilawal is suing Delta for negligence, negligent infliction of emotional distress, breach of contract, and breach of the covenant of good faith and fair dealing. He is suing the three alleged attackers for assault and battery. Attorney Pasquale Marago, who is representing Bilawal, declined to comment on the case.
In court, Delta insisted it did nothing wrong and blames Bilawal, at least in part, for what happened, calling Bilawal’s claims against the company “frivolous.”
On Thursday, Morgan Durrant, a Delta spokeswoman, told The Independent, “While Delta declines comment on this pending litigation, Delta Flight Attendants are safety professionals first and foremost and we will always support our people to that end.”
Bilawal’s alleged attackers, two of whom are identified in the complaint, were unable to be reached.
Bilawal’s allegations stem from a September 6, 2022, flight between Atlanta and Newark, which itself was uneventful, according to the complaint, filed October 3 in Newark federal court. As the plane was taxiing to the gate, a passenger sitting two rows in front of Bilawal got up and headed to the lavatory, the complaint says. One of the flight attendants instructed the passenger to return to his seat, warning him that the aircraft would not continue until he sat down, the complaint continues.
The passenger took issue with the flight attendant’s command, it goes on, and instead of returning to his seat, “approached her threateningly.” In response, other passengers urged the man to sit down, according to the complaint, adding that he “yelled profanities” at the passengers before finally sitting down.
Bilawal had been wearing headphones, and was at first unaware of the dust-up. But Bilawal eventually heard the commotion and looked around the plane, the complaint states. That’s when he caught the eye of the irate passenger and his traveling companion, who apparently believed Bilawal was staring at them, and “started yelling obscenities and threatening” him, according to the complaint.
“[W]hen you get off the plane, we will f**k you up,” they cautioned, telling Bilawal that they would “catch [him] outside,” the complaint states.
It says another passenger heard the two discussing how they would “handle it without words” after deplaning.
Bilawal claims one of the flight attendants notified the captain and asked him to request police meet the aircraft at the gate, but the cops never showed up. So, as Bilawal got off the plane, his complaint says he told the flight crew that he was being threatened by two other passengers.
Yet, the complaint contends, the Delta crew “took no action to ensure that Bilawal could safely depart the aircraft and airport.” Shortly after he stepped off the jetway, the complaint says a third passenger walloped Bilawal in the back of the head, knocking him to the ground.
All three men then brutalized Bilawal “while he was on the ground by kicking, punching, and hitting him with a nearby metal stanchion,” the complaint alleges. “The Assailants also threw a blue suitcase at him. While Bilawal was being attacked, nearby terminal officers and Delta employees took no action to stop the attack or help him. The Assailants took Bilawal’s cell phone and ran away after beating him.”
He managed to make it to his feet and gave chase, catching up to the trio in the airport’s food court, where they assaulted Bilawal for a second time, “beating him in a similar manner as they did at the gate,” according to the complaint.
Bilawal’s attackers fled the terminal, but airport cops from the Port Authority Police Department apprehended two of them outside, the complaint states. The third man, who remains nameless in the complaint, “managed to allude [sic] the police and has not yet been identified.” (The outcome of any charges against the original pair is unclear; a search of state and federal court records on Thursday did not turn up any disposed or pending criminal cases involving either.)
The injuries, both physical and psychological, put Bilawal out of work for two months, according to the complaint.
In a formal response filed on October 9, Delta argued that any injuries Bilawal may have sustained resulted from the “acts or omissions of others over whom Delta had no control,” and that they were “not a foreseeable consequence of any acts or omissions of Delta.”
“At all relevant times, Delta complied with all applicable laws, regulations, and standards. Delta expressly denies that any of its agents’, servants’, and/or employees’ actions were egregious, unreasonable, intentional, willful, extreme, outrageous, and/or reckless as alleged by Plaintiff,” Delta’s response contends, claiming that Bilawal himself must accept a portion of the responsibility for the attacks.
The carrier says it reserves the right to seek reimbursement from Bilawal for legal fees and costs “due to the frivolous nature of this action.”
