Investigator’s Answer Causes Mistrial in ‘Airwolf’ Suit

A mistrial was declared Friday in a suit brought by a stunt woman injured while filming an “Airwolf” TV episode, because a witness testified she was on the set as an undercover drug investigator--a fact the judge ruled earlier was inadmissible.

San Fernando Superior Court Judge Fred Rimerman ordered a new trial in the suit brought by Desiree Kerns, 33, who is suing the stunt coordinator, director, producer and special effects coordinator of the TV show, which is no longer in production.

Kerns suffered second- and third-degree burns on her face, scalp, neck and one arm as she leaped from a pickup truck rigged with an explosive device in a 1985 stunt for the series. She claimed that the show’s stunt coordinator, Ron Stein, led her to believe that the explosive would produce smoke but no flames.

Before testimony began Friday morning, Rimerman ruled that witness Bonnie Cavanaugh, who was on the set on the day of the accident, could not reveal that she was an undercover private investigator hired by Universal Studios to look for evidence of drug use by members of the “Airwolf” cast and crew.

Just before the mistrial was declared, Kerns’ attorney, Gerald L. Kroll, was questioning Cavanaugh about the events preceding the accident. Cavanaugh testified that Stein issued contradictory orders about how the stunt was to be performed.

When Kroll asked a follow-up question about Stein’s behavior, the witness responded, “As a drug investigator on the set. . . .”

Defense attorney Thomas A. Foster immediately objected. Both lawyers went into Rimerman’s chambers. When they emerged nearly 15 minutes later, Rimerman declared a mistrial and dismissed the jurors.

Kerns, sitting with family and friends in the front row of the courtroom, began to weep.

“Too much of the truth came out,” she said. “They are trying to hide what really went down that day. I don’t know why the judge won’t let the truth come out.”

Five months before Kerns’ accident, Universal officials asked Cavanaugh to go undercover on the “Airwolf” set because they suspected that drug use by cast and crew members was contributing to the show’s cost overruns and production delays, Kroll said.

Cavanaugh told reporters that while she was on the set, some of the stunt people and production workers displayed symptoms of drug use. But she said she never saw anyone take drugs.

Rimerman ruled that Cavanaugh’s observations about drug use could not be introduced in court because they were unsubstantiated and would unduly prejudice the jury, Kroll said.

However, Kroll claimed that the information is relevant to the case, particularly if those responsible for Kerns’ safety were using drugs on the day of the accident.

Kroll said he will further investigate Cavanaugh’s allegations and will ask the judge to allow the information to be used as evidence when the case is retried. A new trial date was set for April 2, 1990.