Woman Sues American Airlines, Alleging Negligence Led to Mid-Air Sexual Assault
A Chicago woman is suing American Airlines, claiming the airline’s negligence enabled a passenger with a history of sexual misconduct to assault her during a flight last year. The lawsuit, filed on behalf of Barbara Morgan by the law firm Romanucci & Blandin, alleges that American Airlines failed to protect her from a known predator and subsequently mishandled her complaint.
Morgan was traveling on an overnight flight from San Francisco to Dallas in April of last year. She was en route to visit her son and celebrate his new job. Upon boarding, American Airlines assigned her seat 28B, a middle seat. Unbeknownst to Morgan, the passenger seated next to her was Cherian Abraham, a corporate professional from Texas.
What Morgan didn’t know at the time was that Abraham had a prior history of abusive sexual conduct. According to the Department of Justice, he had previously been charged with abusive sexual contact involving the repeated illegal touching of female passengers seated next to him on flights. This past March, he was arrested for groping a 22-year-old woman on a flight from Chicago to Seattle. Reports of his alleged misconduct date back to 2023.
The lawsuit alleges that as the cabin lights dimmed, Abraham began to inappropriately touch Morgan. She immediately protested, yelling "Stop!" However, the lawsuit claims that no member of the flight crew responded to her plea for help. The majority of passengers were asleep or wearing headphones, leaving Morgan feeling isolated and vulnerable.
"In a state of shock, Barbara froze, uncertain how to protect herself, and feared the escalation of the situation, not knowing what this man might do," the law firm stated in a press release. "Feeling trapped," Morgan endured the assault until the plane landed in Dallas.
Upon arrival, Morgan immediately reported the incident to a gate agent, identifying Abraham as her assailant. The lawsuit claims the gate agent downplayed the seriousness of the situation and allegedly blamed Morgan for not reporting the assault mid-flight. The agent allegedly told Morgan that there was nothing they could do and advised her to file a complaint on the American Airlines website.
Following the gate agent’s advice, Morgan filed a formal written complaint detailing the assault. She received what she described as a generic automated response, with no further follow-up from the airline. Dissatisfied with the lack of action, Morgan escalated her concerns, reaching out to the American Airlines’ Director of Customer Relations, Vice President of Reservations and Service Recovery, and even the CEO of American Airlines. However, her attempts to get a meaningful response were unsuccessful.
The perceived lack of action by American Airlines left Morgan feeling "deep shame, frustration, anger, sadness, and fear," according to the lawsuit. Morgan is now suing American Airlines for negligence, alleging that the airline allowed Abraham to fly despite his known history of sexual assault and for failing to adequately respond to her complaint after the incident.
"There must be accountability for the systemic failure at American that exposed unknowing passengers to a predator," the law firm stated in its release. The lawsuit seeks damages for the emotional distress and trauma Morgan suffered as a result of the assault.
In an emailed statement to USA TODAY, American Airlines stated that Abraham has been banned from all future flights. "The safety of our customers and team members is our highest priority," the airline said. "We take this matter very seriously and are working closely with law enforcement on its investigation." The FBI is currently investigating the incident involving Morgan and Abraham.
Sexual misconduct on airplanes is a federal crime punishable by up to two years in prison, according to the Department of Justice. The FBI has issued warnings about the prevalence of sexual assault on planes, citing the enclosed environment, limited personal space, and darkened cabins during overnight flights as contributing factors.
Last year, the FBI investigated 104 sexual assault cases occurring onboard aircrafts. The agency believes the actual number of incidents is likely higher, as many victims are hesitant to report the crime.
FBI Special Agent Greg Tarbert highlighted the unique dynamics of air travel in an FBI Q&A. "A flight can give an appearance of being safe and secure and almost even an intimate setting that affords an attacker a sense of power or a sense of closeness that is not actually there. But these are all strangers," he explained.
This lawsuit raises important questions about airlines’ responsibility to protect passengers from known predators. It highlights the potential dangers of air travel and the need for greater awareness and preventative measures to combat sexual assault on planes. The case also underscores the importance of airlines taking passenger complaints seriously and providing adequate support to victims of sexual assault. The outcome of this case could have significant implications for airline security protocols and the industry’s approach to preventing and responding to sexual misconduct on flights. It might force airlines to implement more rigorous screening processes and implement stricter guidelines for handling passenger complaints related to assault and harassment.
