The attack was so severe that Marlin Jackson suffered “extensive facial damage,” including lacerations to his nose and mouth, and bled so profusely “that the entire row of seats had to be removed from the airplane,” according to the suit, which was filed Friday in Georgias State Court of Fulton County.
Jackson was seated in a window seat on a Delta flight from Hartsfield-Jackson Atlanta International Airport to San Diego International Airport in June 2017, the suit says.
Delta passenger, 44, whose face was mauled by veterans emotional support dog sues the animals owner and airline after suffering permanent injury
Fellow passenger Ronald Mundy was already in his middle seat “with his large dog attempting to sit in his lap,” according to the suit, which says that Deltas policy required large emotional-support dogs be secured on the floor.
“Defendant Delta allowed the large animal to remain in Defendant Mundys lap while Delta employees passed through the area in open disregard of said policy,” the suit states.
Video: Man files lawsuit after being attacked by dog on flight
Jackson asked Mundy if the dog would bite and Mundy assured him the animal was safe. As Jackson buckled his seat belt, the dog started to growl and shift in Mundys lap, according to the lawsuit. Jackson again asked if the dog was safe, and Mundy said it was.
Man reportedly attacked by emotional-support dog on flight sues owner, Delta
Without warning, the dog lunged at Jackson, biting him several times in the face and pinning him against the window, the suit states.
Plane passengers horrific face injuries after attack by emotional support dog
“The attack was briefly interrupted when the animal was pulled away from Mr. Jackson. However, the animal broke free and again mauled Mr. Jacksons face,” according to the lawsuit.
According to the Atlanta Journal-Constitution, the dog that attacked Jackson was 50 pounds. Mundy is a military veteran, according to the Journal-Constitution.
Representatives of Jackson told The Huffington Post that they are aware Delta changed their policy. But, they said, Delta should have done more when the incident occurred.
Jackson required 28 stitches and lost sensation in parts of his face, the suit states. He also experiences “emotional distress and mental anguish” from the attack. Jackson is seeking damages in an amount to be determined by the court.
“Marlin Jackson continues to suffer from the vicious dog attack,” his attorneys J. Ross Massey and Graham Roberts said in a joint statement to NBC News. “The attack on Mr. Jackson would not have happened had Delta enforced their own pre-existing policies concerning animals in the cabin.”
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A Delta spokesperson said the airline could not comment on pending litigation, but that in 2018 it changed its policy regarding emotional-support animals by requiring a “confirmation of animal training” form, as well as other official documentation.
“The airline also banned pit bulls and animals under four months of age as service or support animals. These policy updates reinforce Deltas core value of putting safety first, always,” the spokesperson said in a statement.
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In that policy change in December, Delta said it was also banning emotional-support animals on flights that are longer than eight hours. The company made the changes following an 84 percent increase in incidents involving service and support animals in 2016 and 2017.
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