Air Force will pay $12,000 for bomb damage to home
Posted on 12/28/2002 3:35:52 AM PST by MeekOneGOP
Air Force will pay $12,000 for bomb damage to home
12/28/2002
EL PASO - Gloria Aker got a late Christmas present this week when the U.S. Air Force agreed to settle a claim for damage it caused when it accidentally bombed her Monahans home in July.
Ms. Aker's home was hit by a dummy bomb accidentally dropped from an Air Force F-177A Nighthawk on a practice run from Holloman Air Force Base in New Mexico.
Although the dummy didn't contain explosives, it pierced the roof of Ms. Aker's home, flew across a bathroom, slammed through a wall into a closet and then plowed 6 feet into the ground.
On top of that, a device used to locate the bomb discharged smoke throughout the house.
Ms. Aker was at home with her two children when the bomb hit. Her daughter was at her side, but her son was in his bedroom, and she frantically called through the smoke for him. All three were shaken but unharmed.
Ms. Aker has been living with her parents while her house, 200 miles east of El Paso, is repaired. There are still a few things to be done, such as replacing carpet that the Air Force ripped up when it retrieved the bomb, but she is preparing to move back.
But the children don't have the same comfort level they once did in the house, she said.
"My kids are having a hard time. My son and my daughter have nightmares. They're not too excited about going home," said Ms. Aker, who said she also has bad dreams of something falling from the sky and triggering flames that engulf her home.
Negotiations to settle her claim dragged on for months, and Ms. Aker said she believed that the Air Force didn't care about her case. The Air Force said that wasn't true.
"We take every claim seriously," said Maj. Tina Barber-Matthew, director of public affairs at Holloman Air Force Base, home to the F-117As. "As a result, we must take the time to evaluate all aspects of the claim to ensure fairness for both the party making the claim and the U.S. government."
Mounting expenses
Ms. Aker said Air Force officials gave her $1,000 shortly after the accident, which paid for a motel and patching her roof, and it offered a $5,000 settlement.
But as her expenses mounted to $12,000, she said, it was clear the Air Force deal wasn't good enough.
This week, however, the Air Force relented and raised its offer to about $12,000, which Ms. Aker accepted, said her attorney, Mike Milligan.
"She got what she asked for," he said.
Ms. Aker needs the money to pay some of the contractors who worked on her home, including $6,000 owed for repair of her bathroom. She also borrowed $775 from Mr. Milligan to pay for repairs to the hole in the foundation.
Ms. Aker said her landlord, who is selling the house to her, has been understanding even though she missed two house payments.
Health claims pending
Although a $12,000 settlement might seem a small sum in this litigious age, Ms. Aker said she wasn't trying to get rich from the Air Force. "I need to get this over and done with," she said. "I'd like to go on with my life."
However, health claims for Ms. Aker's family are pending.
Holloman officials said they got permission from the Justice Department a week ago to separate the property damage from health claims. That is a common practice in the insurance industry for car accidents. Health claims are settled later when the extent of the injury - and doctor bills - can be added up.
Ms. Aker said her doctor recommended that her daughter talk to a counselor, but she hasn't taken that advice.
"I don't want to go to a doctor for bills I can't pay," she said.
Mr. Milligan said he is forwarding Ms. Aker's medical records to the Air Force to help advance that part of the case.
As a citizen, I say pay the poor lady some extra for the aggrevation.
Practice ordnance includes 25-pound BDU-33 bombs having a spotting charge that releases a cloud of smoke on impact. The BDU-33 is used to simulate the MK 82 in low drag configuration. The munitions to be loaded onto aircraft are brought to the flightline on a trailer. The BDU-33 bombs are lifted out of a metal cage on a trailer and are locked in place underneath the aircraft. The BDU-33 bombs are lifted out of a cage on the trailer and carried to the aircraft 20 feet away. BDU-33 munitions are loaded onto TERs (Triple Ejector Racks) and SUUs (Suspension Units). The BDU-33 is pushed against a spring loaded catch and locked into place. The unloading of the BDU-33 from the aircraft involves loosening the bolts and releasing the spring. The BDU-33 is carried back to the trailer.
The government was really stingy in offering any help. The local congressman eventually obtained a moderate settlement for them through literally passing a law forcing the Army to pay.
The landlord is selling her a house that was damaged at the foundation, which looks now like a good deal, but I think she'll have losses in the future.
I wish she got more money for this; she deserved it.
According to the article, she is going to get more, for some kind of health claim. For example, she wants counseling for her daughter. Here's my counseling: This won't happen again. Just thank God that the bomb didn't explode. Now can I be paid for this post?
While some compensation is appropriate, I certainly would not consider it appropriate or patriotic to ask for more money than the actual financial loses. Something tells me that the Air Force would have done this without her having to get a lawyer. (Yea, I know, the Air Force may have advised her to get a lawyer, so that they wouldn't be blamed later for cheating her. I personally would not have taken that advice, but that's me.)
Ain't it the Sad Truth
You said a mouthfull
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