Southwest Airlines passenger Livia Rombola has filed a lawsuit against the airline after she was attacked and assaulted by another passenger back in June, and claims the “free-for-all” seating policy is to blame.
The Kansas-native was aboard a Southwest flight 779 from LaGuardia Airport headed toward Kansas City, Missouri. A fight broke out when an intoxicated passenger, 32-year-old Leanna Perry, began hurling insults, profanity, and physically assaulting Rambola.
The viral video caught Perry aggressively grabbing onto Rambola’s hair and screaming, “fat ass b*tch” and yelling she didn’t want to sit next to a “a f**king fat lady” before other passengers and flight attendants restrained her with zip ties. Perry continued to kick staff and passengers before she was escorted off the plane.
In Rombola’s lawsuit, obtained byThe New York Post, which she filed in the New York State Supreme Court in Brooklyn on August 25, she alleged to have “sustained serious, severe and painful personal injuries.”
She also claims that the video going viral online also led to extreme embarrassment and ridicule. That’s not all, her lawsuit argues that Southwest Airlines’ seating policy is largely to blame for the incident. The policy sections passengers by group, but they are later allowed to pick any seat once boarding the plane.
“Southwest, maintained and implemented a corporate policy of unassigned seating, allowing passengers to freely choose their own seats on a first-come, first-served basis during boarding,” said the suit.
Rombola alleges the new policy deviates from Southwest Airlines’ industry standards in favor of financial gain. As a result, it leads to “exposing passengers to the unnecessary issue of conflict arising from the act of self seat selection.”
The suit continues by saying the airline failed to “protect [Rombola] from foreseeable harm” and also violated FAA regulations by allowing an intoxicated Perry to board the plane.
In late July, Southwest Airlines announced it would be changing its controversial open seating policy starting January 27, 2026.
“Assigned seating unlocks new opportunities for our customers — including the ability to select Extra Legroom seats — and removes the uncertainty of not knowing where they will sit in the cabin,” said Tony Roach, Southwest executive vice president of customer and brand.
As a result of the assault and viral video, Rombola’s lawsuit is seeking an undefined amount that “exceeds jurisdictional limits of all other courts in New York State.”