Delta Air Lines passenger assaulted a retiree in drunken battle over reclining seat, lawsuit says

Independent

2 days ago

A 72-year-old retiree mourning the death of her son says she was physically assaulted aboard a Delta Air Lines flight when a reclining-seat dispute with another passenger turned violent.
The man became outraged when Minneapolis resident Minnie Holmes complained that his companion had reclined so far back that she had little room to move and couldn't utilize her tray table, according to a newly filed federal lawsuit obtained by The Independent.
In it, Holmes blames the cabin crew for having allegedly 'overserved' the couple, continuing to provide them with alcohol despite their 'clear intoxication, repeated outbursts and inappropriate behavior.'
The pair were 'seemingly amused by [Holmes'] discomfort,' which only became more intense when she was suddenly slugged in the chest – while flight attendants allegedly stood by and did nothing, according to the suit.
Attorney Naomi Martin, who, along with co-counsel Jeff Storms, is representing Holmes in the case, called her client's accusations 'serious,' telling The Independent, 'We believe Delta failed to take basic steps to prevent this from happening and created a situation that put others at risk, resulting in an assault. Ms. Holmes brought this case to pursue accountability and to speak up for the safety of all Delta passengers.'
In an email, Delta spokesperson Morgan Durrant said, 'While we don't have any specific comment on this pending litigation, Delta has zero tolerance for customers who engage in inappropriate or unlawful behavior toward other customers or Delta people and will work with law enforcement to that end. Nothing is more important than the safety of our customers and our people.'
Delta flight attendants are trained to identify passengers exhibiting signs of intoxication, and federal regulations prohibit alcohol to be served to fliers who appear drunk, Durrant emphasized.
Midair clashes over reclining seats have a rich history in the annals of commercial aviation. Last year, Hong Kong flag carrier Cathay Pacific permanently banned two passengers from ever flying with the airline again after a disagreement about how far one of them had tilted her seat back devolved into racist name-calling and xenophobic insults. In one instance, a grown woman threatened to beat up a teenage girl sitting in front of her, reportedly saying, 'If you put your seat back one more time, I'm going to punch you in the face.' Delta CEO Ed Bastian told CNBC in 2020 that while passengers are well within their rights to recline as they please, he encouraged passengers to first ask permission of the person behind them, calling it ' the proper thing to do.'
In October 2024, after having recently lost her son Steven, Holmes and her daughter went to Puerto Rico for a bit of relief amid 'such a difficult time,' Holmes' complaint states. On their way home, as they sat on the tarmac in San Juan waiting for Delta flight 1946 to depart, the two 'talked about their fun and memorable time' away together, according to the complaint, which was filed June 3 in Minnesota federal court.
'After grieving the loss of her son for months, Holmes had found some joy during this trip,' the complaint goes on.
Upon reaching cruising altitude, the cabin crew began the drinks service. The two passengers in the row ahead of Holmes and her daughter ordered alcoholic beverages and 'quickly became obviously intoxicated,' the complaint continues. It says the duo 'became boisterous, swearing and causing a scene,' at which point, the woman directly in front of Holmes 'reclined her seat, leaving Holmes with little room to move or utilize her seat tray.'
'Holmes' daughter politely asked the woman if she could move her seat up just a little so Holmes could have enough room to be comfortable,' the complaint continues. 'The female passenger became angry and responded that she would not move her seat out of the reclined position.'
The exchange caught the attention of a nearby flight attendant, who walked over to address the situation, according to the complaint.
'That Delta employee stated that the female passenger could recline her seat and left,' it contends. '... The Delta employee then returned and provided the two passengers with more alcohol, despite their obvious intoxication.'
From there, the complaint says the couple 'became more and more intoxicated,' and soon 'turned their attention to Holmes, seemingly amused by her discomfort.'
'They repeatedly gestured toward Holmes, laughing loudly,' the complaint states. 'The male passenger then stood up and yelled, 'No one better f**k with [his female companion].''
Still, the complaint alleges, Delta 'continued serving these passengers, despite knowing that these passengers were obviously intoxicated, disruptive, and a foreseeable danger to other passengers on the flight.'
Toward the end of the five-hour-and-15-minute journey, during which the two passengers in front of Holmes got more and more aggressive, the pilot told the crew to start preparing the cabin for landing, according to the complaint. As Holmes' daughter stood up to help Holmes retrieve something from her carry-on bag, the man sitting in the row ahead 'reached behind his seat and forcefully punched Holmes in the chest,' the complaint alleges.
'The man's attack was surprising, and Holmes was in shock,' it says, noting that the punch 'caused substantial physical pain to Holmes.'
Alarmed, Holmes' daughter confronted the man, demanding to know why he had struck her mother, the complaint states. One of the flight attendants rushed over to try and calm the situation, telling the two passengers to remain in their seats, according to the complaint. However, it maintains, 'the Delta employee did nothing to protect Holmes from the possibility of another attack.' Instead, the complaint says the flight attendant blamed the issue of Holmes and her daughter, telling them, 'You guys need to figure this out.'
Finally, after three other members of the cabin crew became involved, the man and his companion were moved to different seats for the brief remainder of the flight, according to the complaint. It says the two, along with Holmes and her daughter, were escorted off the plane by law enforcement after landing. They 'explained how the assault occurred,' states the complaint, which does not identify the two passengers by name or provide details about whether or not they were charged criminally.
The following day, Holmes continued to experience pain in her chest 'as a result of the assault,' and sought medical attention, according to the complaint. Still, it says, the emotional harm may be even longer lasting.
'Holmes is unable to look at the photos from the trip because it causes her great distress to think about being assaulted by the intoxicated passenger,' the complaint states.
Holmes' complaint claims Delta has a record of overserving passengers, 'leading to foreseeable assaults.' It goes on to list four separate incidents in which drunk passengers attacked others, spanning from 2016 to 2023. Of 915 reported incidents involving unruly fliers over the first six months of 2024, the Federal Aviation Administration attributed 106 of them to intoxication.
Holmes is seeking undetermined punitive, compensatory, and special damages for medical expenses, emotional distress, embarrassment, and pain and suffering.