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A California man convicted of molesting a 13-year-old girl aboard a cross-country flight left a trail of psychic wreckage in his alcohol-fueled wake, according to a civil lawsuit, which says the child now fears men, cuts herself and can no longer embrace loved ones.
Brian Patrick Durning was found guilty in June 2023 of assaulting a minor aboard an aircraft and sentenced in September to five years in federal prison, plus three years of supervised release. Durning blamed his vile behavior on an Ambien he took to help him sleep on the redeye flight — a claim that later turned out to be false, say past filings from the criminal case against the 53-year-old.
The civil suit was filed on behalf of the victim, who is identified only as “Z.B.” in court records, by her mother, who is identified as “S.S.” The case was removed on July 24 from state court to federal court, where it will now proceed under a magistrate judge.
Durning’s grotesque attack went on over the course of hours without any meaningful intervention by the Delta flight crew, the lawsuit states. In its aftermath, Z.B. has developed post-traumatic stress disorder, panic attacks, and depression.
The child already suffered from selective mutism, an anxiety disorder that “renders her mute in certain situations, particularly when she is nervous, anxious, or afraid”.
The complaint states: “She suffers from frequent nausea, is afraid of flying, has recurring nightmares about the incident, and does not want to sleep alone.
“Her trauma has also manifested in self-harm, including self-destructive cutting of her body, and she has developed several tics since the incident. Plaintiff Z.B. refuses to wear a bathing suit or shorts since the incident and no longer hugs family members. She fears that a man will do something to her whenever she is out in public. She has become combative with her parents and has reacted negatively to her father touching her on the shoulder.”
Previously an “excellent student” with plenty of friends, Z.B.’s grades have dropped, she no longer wants to go to school, and has isolated herself socially, the complaint continues.
Z.B.’s brother, named as “J.B.” in the complaint, was born with a rare chromosome disorder called Trisomy 8 Mosaicism, is autistic, and has intellectual disabilities. He now suffers from “severe anxiety about his sister’s safety, school, and changes to his routine, and is afraid of flying, male strangers and his friends’ fathers, and crowds,” according to the complaint.
The filing says he has also had nightmares, become scared of dark public spaces such as movie theaters, and won’t change in front of classmates for phys ed class. S.S., their mom, herself now “suffers from constant anxiety about the safety and health of her children, depression, insomnia, and recurring nightmares of the incident,” the complaint goes on, noting that “the mental and emotional impact of the incident has significantly strained her marriage.”
The horrific incident occurred June 23, 2022 aboard Delta Air Lines flight 2954 from Los Angeles to Orlando, Florida, where S.S., Z.B., and J.B., were traveling to visit relatives.
“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 complaint states.
Durning “reeked of alcohol and was visibly intoxicated” when he boarded the aircraft, but had no trouble getting served, according to the complaint. Once the cabin lights were dimmed, Durning began to molest Z.B., who was seated two rows away from S.S. and J.B., and whose selective mutism prevented her from calling out for help, the complaint states. It says Durning also paced the aisles with his pants unzipped while handling his genitalia, fondled another passenger’s breasts, leered at Z.B. and verbally harassed her family.
“[A]s a final indignity, [Delta] allow[ed] him to retrieve his luggage from the compartment directly above them and further taunt them as he deplaned,” the complaint says. “Delta committed these acts and omissions while being aware of the well-documented prevalence of inflight sexual assaults, and the heightened risk of such assaults on red-eye flights.”
Durning disembarked upon landing and waited at the gate for Z.B. so he could continue hounding her, according to the complaint.
When he saw the teen walking down the jetway, Durning “grabbed his groin while looking directly at her,” and threw his phone to the ground, the complaint says.
He was arrested a short time later.
Durning’s criminal behavior was “enabled” by Delta, which allowed “a visibly intoxicated Durning to board the flight and continu[ed] to serve him alcohol during the flight in violation of the law and Delta’s policies and procedures,” the complait alleges.
Further, the complaint alleges, Delta “caused the plaintiffs to suffer further trauma and harm by forcing [Z.B.] to stay in the seat where the assault took place,” moving Durning to a nearby seat where he could still harass her.
Durning, who was laid off during Covid from his job selling gym equipment, was trying to launch a career in real estate, according to a character letter his stepfather wrote to the judge in his criminal case. He has been arrested three times before, all for alcohol-related offenses. While he was out on bail and awaiting trial in his criminal case, court records show Durning missed an appointment with his probation officer because he got drunk and had an altercation with his girlfriend at dinner.
Z.B.’s lawsuit asks for past, present, and future damages to be determined by a jury. The team of attorneys representing her and her family did not respond to The Independent’s request for comment.
In a statement, Delta said: “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.”
