Burned airman’s suit goes before jury

Kim Smith

Wednesday, Feb. 20, 2002 | 8:46 a.m.

Jury deliberations continued this morning in the case of a former airman who is seeking almost $31 million after he suffered severe burns in a November 1994 explosion at Nellis Air Force Base.

Eric Roll, 26, was injured when 75 counter-measure flares exploded in his face. The flares are used by pilots to avoid heat-seeking missiles.

Las Vegas attorney Gary Logan is presenting evidence he contends proves the flares were defective and says the manufacturer, Tracor Aerospace, Inc., should be held accountable.

During closing arguments Tuesday, Logan reminded jurors that an airman at MacDill AFB just two years before Rolls was severely burned by flares from the same lot.

In each case witnesses said safety caps were missing from the containers or left unattached in the box, Logan said. As a result, static electricity could have caused the explosions.

Tracor attorney Ron Sprague told jurors that Roll's account of the explosion is the least likely of four possible explanations.

"This accident, ladies and gentlemen, was not Tracor's fault. Pure and simple," Sprague said. "It happened because the Air Force ignored its own policies and procedures. Frankly, the Air Force hung these kids out to dry."

The flares in both the MacDill and Nellis accident were misused, Sprague said. They were flown and shipped from base to base to base in both the United States and abroad during Desert Storm and exposed to both extreme heat and cold.

In addition, each time they were shipped they were unpacked and re-packed improperly, likely without their safety caps on, Sprague said.

Logan asked the jurors to award Roll nearly $31 million for pain and suffering, past and future medical bills and past and future lost wages. Roll, who lost his ears in the accident, has undergone 24 surgeries and continues to suffer from severe bouts of depression, pain and post traumatic stress disorder, Logan said.

Sprague said that although Roll's injuries were horrendous, Logan's suggestion that he receive $31 million in damages is "outrageous."

The defense attorney suggested $1 million for pain and suffering, plus an additional $800,000 for past and future medical bills.