Delta Airlines
In this photo, a Delta Airlines jet is prepared for flight at the Salt Lake International Airport in Salt Lake City, Aug. 12, 2005. Getty Images/ George Frey

A passenger sued Delta Air Lines after a co-passenger allegedly "sexually violated" her mid-air, a lawsuit claimed. Delany Luh claimed an “intoxicated Delta passenger” assaulted her during a June trip from Chicago back home to Los Angeles, with a stop in Minneapolis.

Luh alleged Delta breached its duty by serving alcoholic beverages to “an already visibly intoxicated assailant without regard to the safety and well-being of the other passengers on the aircraft,” her complaint read. The suit stated the airline served the other passenger “as many as six to eight alcoholic beverages in the course of less than two hours.”

Her lawyer James Friauf said Luh was seated between two male passengers during the flight. While one of the men fell asleep, the other “attempted to engage her in small talk” about his work and “marital problems.”

“During the conversation, [Luh] observed [the man’s] eyes were watery and bloodshot,” the suit claimed. “The smell of alcohol was noticeably strong on his breath. As assailant spoke, he leaned in close to [Luh], making her feel uncomfortable.”

“Despite Assailant’s obviously-inebriated state, Delta employees continuously served the assailant alcohol during the flight. Upon information and belief, Delta served Assailant as many as six to eight alcoholic beverages in the course of less than two hours,” according to the lawsuit.

The lawsuit also claimed the man pretended to make a phone call to a person named “Molly,” saying he hoped to meet “cool girls who were unlike this one next to [me].”

Luh then told the man to leave her alone before leaning “as far as possible to the left and onto the window-seat passenger who was asleep and wearing headphones” and eventually falling asleep herself.

Just minutes into Luh’s sleep, she was “startled awake by an abrupt discomfort in her vaginal area.”

Earlier, Luh had claimed she woke up during the flight "to a drunk man with his hands down my leggings.” After she alerted the crew, a flight attendant moved her to another seat.

Delta issued a statement saying it does not tolerate “the harassment or assault of a passenger by another.”

“After deplaning, Ms Luh first informed a Delta agent that she had been improperly touched on the leg by another passenger. Delta then immediately reported the incident to local law enforcement for their handling,” the company said in a written statement.

After the incident, the FBI said: “What was reported was allegations of simple assault. There was not enough evidence to detain or charge anyone.”

Luh, founder of fashion label “I Am Plenty Apparel,” said Delta gave her a $200 voucher for future travel on the airline.

In the lawsuit, Luh is seeking $1 million in compensatory damages and $5 million in punitive damages.

According to Dayton Daily News, Delta said it was aware of the lawsuit “and we intend to vigorously oppose it.”

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