Suing for Safer Skies

When you’re flying, you shouldn’t have to worry about a door plug blowing out mid-flight, or a sexual assault while you’re sleeping. When these outrageous things happen, our clients want accountability, justice, and a fix for the problem. That’s where we can help.

What follows below is the Mark Lindquist Law news release regarding a recent sexual assault on a Delta Airlines flight. Unfortunately, this was not the first time this happened on a Delta flight. The story was covered by Newsweek, The New York Post, The Daily Mail in London, KTLA TV in Los Angeles, KIRO TV in Seattle, and numerous other outlets.

Victim Sues for Sexual Assault on Plane

Seattle, WA., March 28, 2024 – Today aviation attorney Mark Lindquist filed a lawsuit on behalf of a victim of an in-flight sexual assault committed by a Delta Air Lines employee. 

Delta and its employee Duane Brick are defendants in the suit, which was filed in King County, Washington.

On March 20, 2023, the victim was returning home from a Taylor Swift concert in Phoenix, Arizona, on a Delta Air Lines flight. Mr. Brick, an adult male, sat next to her. She smelled alcohol on his breath. 

While the plane was en route to Seattle, the victim fell asleep. Mr. Brick put his hand under her shirt and placed her hand on his crotch.

According to Mr. Brick’s guilty plea to criminal charges, “Duane Brick took the Victim’s hand and placed it on his crotch for several minutes. Duane Brick then put his hand under the Victim’s shirt, touching her bare breasts.”

After the victim woke up and realized she was being sexually assaulted, Mr. Brick went to the restroom. He was visibly intoxicated and left behind empty airline alcohol bottles.

Both a witness and the victim reported the sexual assault to flight attendants. Mr. Brick was still allowed to return to his seat next to the victim.

After approximately 15 minutes, flight attendants finally moved the perpetrator to a different seat.

Uptick in Sexual Assaults on Planes

In 2023, the Seattle Times reported a “disturbing uptick” in sexual assaults on planes. An agent with the FBI said most in-flight sexual assaults occur when the victim is asleep. 

“Everyone should feel safe to fall asleep on a plane without the risk of being groped and sexually assaulted,” Lindquist said. “Airlines can and should do more to stop these gross violations.”   

Upon landing in Seattle, the victim reported the sexual assault to authorities. The United States Attorney’s Office charged Mr. Brick with Abusive Sexual Contact. He pled guilty on March 5, 2024. He will be sentenced in June of this year. 

Lawsuit Allegations

Lindquist’s lawsuit alleges Negligence, Gross Negligence, Assault and Battery. 

“As a common carrier, Delta owes the highest duty of care and has a legal duty to provide airline passengers, including the Plaintiff, with a safe flight that is free from unauthorized and abusive sexual contact from other passengers, including from Delta’s own employees,” the lawsuit states. “One of Delta’s Senior Vice Presidents is a member of the DoT’s National In-Flight Sexual Misconduct Task Force.”

Further, Lindquist alleges Delta overserved alcohol to Mr. Brick, failed to adequately train employees on how to prevent and address sexual assaults, and failed to properly monitor the cabin and protect passengers.

Mark Lindquist Background

Mark Lindquist Law, an aviation and personal injury firm, is located in Tacoma, Washington.

Lindquist is the former elected prosecutor for Pierce County, Washington. He represented dozens of victim families in the two crashes of the Boeing 737 Max 8 and currently represents 27 passengers in the recent door plug blowout on a Boeing Max 9.