Delany Eva Luh, a Los Angeles-based fashion brand founder claimed in July that a Delta Air Lines flight crew did not assist her when she was sexually assaulted by a drunk man sitting right next to her on her flight.
Luh was flying from Chicago to Los Angeles and tweeted the entire interaction, which happened on June 16.
She posted how she was sitting between two men she did not know. Luh says she fell asleep and when she awoke, one of her seatmates who was intoxicated, was putting his hands down her leggings.
“On June 16th I was sexually assaulted on a @delta flight home from Chicago to LA. I was in the middle seat side by side by two men I did not know. I ended up falling asleep and woke up to a drunk man with his hands down my leggings.”
The 23-year-old woman is now suing Delta for not cutting off her intoxicated seatmate and then, after the alleged assault, offering her a mere $200 voucher to make amends.
Knoxville attorney, James Friauf, filed a lawsuit in U.S. District Court on behalf of Luh against Delta over the neglect.
In the lawsuit, while one of Luh’s seatmate fell asleep, the other – who was located in an aisle seat –
attempted to “engage her in “small talk” about his work and “marital problems.”
Luh says in the lawsuit the man’s eyes were watery and bloodshot, and “the smell of alcohol was noticeably strong on his breath.” and was made to feel uncomfortable as the man would lean in close when speaking to her.
The lawsuit goes on to say Delta employees continued to serve him “as many as six to eight alcoholic beverages” within two hours, despite the seatmate’s “obviously-inebriated state.” Luh also adds she gave a flight attendant a “concerned look” as the Delta employee continued to serve the man more alcohol.
The lawsuit states Luh “did so in an attempt to make the flight attendant aware of her discomfort without making obvious to Assailant that [Luh] was raising concern about his intoxication level. [Luh] worried Assailant would become agitated with her if he realized she had complained about him. The flight attendant ignored [Luh],”
It goes on to say the man then pretended to make a phone call to a person named “Molly,” saying that he hoped to meet “cool girls who were unlike this one next to [me].”
Luh allegedly then told the man to “back off” and stated he was in “her bubble.” She then leaned as far as possible to her left, toward the window-seat passenger – who was sleeping with headphones on, and she eventually fell asleep, according to the lawsuit.
Luh alleges that while she was sleeping, she was “startled awake” by a discomfort in her vaginal area. Attorney Friauf wrote in the suit this was due to the assailant “digitally penetrating” her.
The lawsuit goes onto say Luh attempted to move from her middle seat but the assailant refused to let her by, his tray table down which held a vodka and a cranberry cocktail, along with other small bottles of vodka. Luh knocked over the small bottles when she was able to move over the assailant. When this happened, she allegedly saw his erect penis in his pants. Luh thankfully was able to change her seats but the assailant was permitted to exit the aircraft.
Delta did not notify law enforcement once the plane had landed and as a result, Luh notified the authorities herself. Luh says Delta gave her a $200 voucher for future travel with the airline when she made a complaint about how Delta handled the incident.
After Luh left the plane at Los Angeles, Delta claimes Luh shared with “a Delta agent that she had been improperly touched on the leg by another passenger during her flight. Immediately upon learning this information, Delta reported the incident to local and federal law enforcement for their handling.”
According to Yahoo Lifestyle, Luh is asking for $1 million in compensatory damages and another $5 million in punitive damages.
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