A recent incident on a Southwest Airlines flight has resulted in a lawsuit targeting not only the alleged attacker, but also the airline’s open seating policy. Livia Rombola filed the suit in New York Supreme Court on August 25, 2025, naming Southwest Airlines and passenger Leanna Perry as defendants. The incident occurred on June 16, 2025, during Southwest Flight 779 from New York LaGuardia to Kansas City, and the full complaint can be read online.

The complaint states that Rombola was violently assaulted and battered, including being spit on, by another passenger, requiring the crew to use zip ties to restrain the assailant. Rombola claims that Southwest failed to intervene and deny entry to the visibly impaired and intoxicated passenger, in violation of FAA safety standards. The lawsuit also alleges that Southwest had a duty to prevent confrontational individuals from creating a dangerous environment and failed to do so during the boarding process.

Southwest is also being held vicariously liable for the actions of its employees, including flight attendants and ground staff. The lawsuit specifically targets Southwest’s open seating policy, where seats are chosen on a first-come, first-served basis, calling it a departure from industry standards and a foreseeable hazard for passenger conflict. Rombola claims to have suffered severe emotional distress, public humiliation, reputational harm, and physical injury, aggravated by the viral dissemination of the incident. The lawsuit seeks damages that exceed the jurisdictional limits of lower courts and also pleads for punitive damages.

Separate counts for assault and battery have been filed against the co-defendant, Leanna Perry, for her violent and threatening behavior that caused physical and psychological harm. Interestingly, this lawsuit comes just months before Southwest officially abandons its open seating policy in favor of assigned seating.

This lawsuit brings attention to Southwest’s open seating policy and argues that it fosters conflict during boarding and contributed to the attack. However, it remains to be seen if the court will agree with this theory, especially considering the Airline Deregulation Act. Nevertheless, the detailed narrative presented in the complaint sheds light on the incident, with an allegedly intoxicated passenger, a violent outburst, and the claim that airline policies played a role in making it happen.

It is clear that this lawsuit has put Southwest’s open seating policy in the spotlight, and it will be interesting to see how the case progresses. For now, it serves as a reminder that airline policies and passenger behavior can have a significant impact on the safety and well-being of all onboard a flight.