PHOENIX — An airline employee who pleaded guilty to abusive sexual misconduct is now facing a civil lawsuit from the victim in a March 2023 case. The victim's lawsuit alleges negligence, and assault and battery.
The victim was returning home from a Taylor Swift concert in Phoenix on a Delta Air Lines flight to Seattle when 53-year-old Duane Brick sat next to her, according to a news release from Mark Lindquist Law. Lindquist filed the lawsuit on behalf of the victim.
The victim smelled alcohol on Brick's breath, according to her lawyer. While on the plane, the victim fell asleep, and Brick admitted he took the victim's hand and placed it on his crotch. Brick also reached under her shirt and touched her breast.
Brick pleaded guilty to abusive sexual contact on March 5. His sentencing is scheduled for June 10 and he faces up to two years in prison, according to a news release.
"He admits he did it for his sexual gratification," according to the United States Attorney's Office Western District of Washington.
The victim's lawsuit alleges both a witness and the victim reported the sexual assault to flight attendants, but 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, the lawsuit states.
"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."
The lawsuit alleges negligence, gross negligence, and assault and battery. The lawsuit also claims Delta overserved alcohol to Brick, failed to adequately train employees on how to prevent and address sexual assaults, and failed to properly monitor the cabin and protect passengers.
"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.
The news release did not mention how much the lawsuit is seeking in damages.
Linquist is also representing passengers who were aboard the Alaska Airlines Boeing 737 Max 9 that lost a door plug midair while flying from Portland, Oregon, to Ontario, California, on Jan. 5.
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