A Southwest Airlines passenger who was subjected to a violent assault onboard one of the carrier’s planes at New York LaGuardia Airport in June blames Southwest’s iconic open seating policy for the viral melee that attracted worldwide attention.
Livia Rombola from Kansas says she has suffered severe emotional distress and continued psychological injury as a result of the incident going viral on social media, a lawsuit filed in a New York Supreme Court alleges.
New York-Based Artist Identified As The Assailant
Livia had already boarded Southwest Airlines flight WN-779 to Kansas City on June 16, 2025, and had taken a seat close to the rear of the aircraft. But as the plane was preparing for departure, she was “violently assaulted and battered” in an unprovoked attack by a drunk passenger.
The suspect was quickly identified as Leanna Perry, a 32-year-old artist and fashion illustrator based in New York City. Video of her attacking Livia before being restrained by flight attendants and trussed up in zip ties quickly circulated on TikTok and other social media platforms.
The lawsuit claims Leanna was visibly drunk when she boarded the aircraft and had already screamed at another passenger in another seat towards the front of the aircraft.
After rejecting a seat next to her first victim, Leanna then moved further down the cabin and stopped at a seat in front of Livia. At this point, she launched an unprovoked attack on Livia, screaming obscenities at her, before grabbing and pulling her hair.
The lawsuit claims that flight attendants failed to monitor passenger conduct during the boarding process, and if they had done so, then they should have intervened to have Leanna removed from the flight before the situation escalated so violently.
Southwest’s Open Seating Policy Blamed For Putting Passengers At Risk
It was, however, Southwest’s iconic open seating policy that was the “proximate and substantial” cause of the altercation, according to the lawsuit, and the airline should have been aware that maintaining such a unique policy “created a foreseeable hazard of passenger conflict.”
“That defendant, Southwest’s, lack of proactive seat assignment directly contributed to the confrontation,” the 13-page complaint reads.
The complaint further alleges that Southwest’s “seating policy serves the company’s financial and logistical interests, while exposing passengers to the unnecessary issue of conflict arising from the act of self-seat selection.”
As well as suing Southwest Airlines, Livia is also suing Leanna, alleging unprovoked battery.
2024 Lawsuit Blamed Open Seating Policy For In-Flight Sexual Assault
This isn’t the first time that Southwest’s open seating policy has been blamed for criminal behavior. Last year, the family of a 16-year-old boy sued Southwest for negligence after the victim was subjected to a horrendous sexual assault by a registered pedophile.
The incident occurred on July 4, 2022, when Zaine Hahn and his father were traveling from San Diego to Portland for a family event. Their itinerary included a plane change in Las Vegas, and it was here that father and son became separated.
Zaine ended up in a middle seat between two men close to the back of the aircraft, while his father had to sit much further forward and out of sight of his son.
Zaine’s seatmate in the aisle seat ‘reeked of alcohol’ and repeatedly engaged in unwanted physical contact, including touching that amounted to sexual assault.
A similar lawsuit was filed against Southwest in 2019, although the airline settled that case out of court. Nonetheless, Zaine’s father says Southwest must have been aware that its open seating policy put children at risk.
Southwest Eliminates Open Seating Policy
Southwest is now in the process of eliminating its open seating policy, although the move to assigned seating won’t take place until January 27, 2026. The move was prompted by pressure from activist investor Elliott, rather than any stated aim to reduce the risk of passenger harm.
