Delta passenger bitten by emotional support dog couldn’t escape, says attorney

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Delta passenger bitten by emotional support dog couldn’t escape, says attorney

The man mauled by an emotional support dog on a Delta Air Lines flight could not escape the dog because he was in the window seat, and was attacked twice, according to his attorney.

WARNING: GRAPHIC IMAGES BELOW

The passenger, Marlin Jackson of Daphne, Ala., had facial wounds requiring 28 stitches, according to his attorney J. Ross Massey with Birmingham-based law firm Alexander Shunnarah & Associates.

“It is troubling that an airline would allow a dog of such substantial size to ride in a passenger’s lap without a muzzle,” Massey said in a written statement. “Especially considering the dog and its owner were assigned a middle seat despite Delta Air Lines’ policies that call for the re-accommodation of larger animals.”

Jackson boarded the flight and sat in the window seat on the left side of the plane. Passenger Ronald Kevin Mundy Jr. was already sitting in the middle seat with his dog in his lap, according to the law firm.

“According to witnesses the approximately 50-pound dog growled at Mr. Jackson soon after he took his seat,” according to the firm’s statement.

“We expect airlines to follow procedures as required and verify any dogs travelling unrestrained in open cabin are trained for handling the large crowds and enclosed environments encountered on board an airplane,” according to Massey.

“The dog continued to act in a strange manner as Mr. Jackson attempted to buckle his seatbelt. The growling increased and the dog lunged for Mr. Jackson’s face. The dog began biting Mr. Jackson, who could not escape due to his position against the plane’s window,” according to the law firm.

“The dog was pulled away but broke free from Mr. Mundy’s grasp and attacked Mr. Jackson a second time.... The attacks reportedly lasted 30 seconds and resulted in profuse bleeding from severe lacerations to Mr. Jackson’s face, including a puncture through the lip and gum.”

Marlin Jackson with wife Azure Joiner-Jackson. Source: Alexander Shunnarah & Associates

Jackson was taken by ambulance to the emergency room and got 28 stitches, and is awaiting consultation with a plastic surgeon, according to the law firm.

The law firm  said it is seeking information on Delta’s “compliance with policies for unrestrained larger animals within a plane’s cabin and the verification process of their emotional support animal training requirements.”

The Air Carrier Access Act requires airlines to accommodate service or emotional support animals, within certain guidelines.

Delta’s website says “A kennel is not required for emotional support animals if they are fully trained and meet the same requirements as a service animal.”

The U.S. Department of Transportation has contacted Delta to learn more about the incident.

Airlines may not require that service animals, including emotional support animals, be transported in a carrier unless there is “a safety-related reason to do so,” according to the DOT.

Mundy, who was not charged, did not respond to request for comment. A police report said Mundy was a military service member who “advised that the dog was issued to him for support.”

WARNING: GRAPHIC IMAGES BELOW

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Source: Shunnarhan & Associates

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AJC Business reporter Kelly Yamanouchi keeps you updated on the latest news about Hartsfield-Jackson International Airport, Delta Air Lines and the airline industry in metro Atlanta and beyond. You'll find more on myAJC.com, including these stories:

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