PHILADELPHIA – A Georgia man says he was sexually assaulted by a Spirit Airlines flight attendant during a plane trip from Myrtle Beach, S.C. to Philadelphia and has filed damages against both the airline and attendant in question.
M.B. of Atlanta, Ga. filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Oct. 29 versus Spirit Airlines, Inc. of Miramar, Fla. and John Doe No. 1
“On June 30, 2021, plaintiff, M.B., was a passenger on defendant’s, Spirit Airlines, Flight No. 3031 from Myrtle Beach, South Carolina to Philadelphia, Pennsylvania. Plaintiff had purchased his ticket for this flight a few weeks earlier. Plaintiff was seated in Row 26 towards the rear of the airplane. During the flight, defendant, John Doe No. 1, a male flight attendant on Spirit Airlines Flight No. 3031 approached plaintiff and asked him if he wanted water. Plaintiff said, ‘Yes, thank you’ and offered his credit card for payment of the water. John Doe No. 1 waived plaintiff off, provided him with water and did not charge him for it,” the suit says.
“John Doe No. 1 then soon returned, winked at plaintiff and pushed mini-bottles of Jack Daniels into his chest. Plaintiff found this odd but did not think too much of it at the time. John Doe No. 1 returned another time and again offered plaintiff Jack Daniels. A few minutes later, John Doe No. 1 walked by plaintiff’s seat and placed a balled-up napkin on his tabletop. Plaintiff opened the napkin which had a phone number on it.”
M.B. continued that Doe called him to the back of the plane, in a private area behind the bathrooms. When plaintiff went to the back of the plane where John Doe No. 1 had called for him, he says John Doe No. 1 looked around and then, without warning, grabbed, groped and fondled his penis and private area, before trying to unzip his pants.
At this point, the plaintiff says he was “shocked, embarrassed, humiliated and violated from the sexual assault by John Doe No. 1” before backing away and walking over to the bathroom to compose himself and think about what happened.
The plaintiff adds he then left the bathroom and returned to his seat, wanting to report the assault but realizing that he did not even know the flight attendant’s name.
Then, he recalled that he had a number from the napkin that John Doe No. 1 had given him, so he texted him to discover it. According to the plaintiff, the following is the text message exchange which occurred:
• M.B.: “I didn’t get your name?”
• John Doe No. 1: “Hey this is my number.”
• M.B.: “What’s your name so I can save your number?”
• John Doe No. 1: “Alex. What are you doing after the flight??”
• M.B.: “Just going to see family.”
• John Doe No. 1: “Ohh. Alex. What is yours?”
• M.B.: “When you asked me to come to the bathroom and you touched my penis, that was very bold of you. Are you always that straightforward? LOL. You stay in Philly?
• John Doe No. 1: “No way am sorry. Am very discreet.”
• M.B: “Ohhhh I seeeee.”
• John Doe No. 1: “Am sorry man I didn’t mean to be disrespectful.”
• M.B.: “It caught me off guard.”
“The plane landed in Philadelphia, where plaintiff deplaned and went to his mother’s home. As plaintiff was so upset and distraught over the assault upon him, he shared with his mother what had happened to him. After talking about it, plaintiff returned to the airport and reported the assault to the Philadelphia Airport Police. The airport police indicated that as the assault occurred in the air, plaintiff needed to report the assault to the FBI, which plaintiff did,” the suit states.
“Prior to June 30, 2021, defendant, Spirit Airlines, knew or should have known about the sexual abuse being committed by its employee, representative and/or agent, John Doe No. 1, and his propensities to sexual violence, physical violence and sexual deviance. The violent and sexual assault of plaintiff should and could have been prevented if Spirit Airlines had employed and implemented reasonable and appropriate safety measures to ensure the safety and security of their customers, including plaintiff.”
For counts of negligence, negligence (vicarious liability), negligence and gross negligence (hiring and supervision), negligent performance of undertaking to render services, assault and battery, the plaintiff is seeking compensatory and punitive damages, exclusive of pre-judgment interest, costs, and post-judgment interest in excess of the local arbitration limits.
The plaintiff is represented by Gregory S. Spizer of VSCP Law, in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-04771
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com