A Massachusetts man has been awarded $3.3 million 5 1/2 years after a collision with a parked military helicopter on a snowmobile trail.
U.S. District Judge Mark Mastroianni on Monday found the federal government primarily responsible for the crash, attributing 60 percent of the fault to its decision to park the Black Hawk copter on the trail. Mastroianni also said that the snowmobiler, Jeff Smith, contributed to the accident by speeding and wearing tinted goggles.
The crash occurred in March 2019, when Smith, a lawyer and now 48, collided with the helicopter that was stationed on a rarely used airfield during night training. He originally sought $9.5 million in damages to cover lost earnings and medical bills.
“We are grateful for Judge Mastroianni’s thoughtful consideration of the complicated facts of this case,” Smith’s lawyer Doug Desjardins said. “We believe justice was served, and the decision encourages public safety.”
A U.S. Black Hawk helicopter takes off at the Operation Market Garden memorial on September 17, 2014, in Grave, Netherlands. Jeff Smith collided with a Black Hawk parked on a Massachusetts snowmobile trail in March 2019. Smith on Monday was awarded $3.3 million in damages over the crash.
Bill Gentile/Getty Images
According to the court ruling, the Black Hawk crew was negligent in failing to illuminate or mark the camouflaged helicopter, which was parked in a wooded area as darkness fell.
Mastroianni wrote, “The court finds the government breached its duty of care in failing to take any steps to protect against the obvious risk of a camouflaged helicopter parked on an active snowmobile trail.”
Smith also sued the owner of Albert Farms airfield, claiming the owner allowed snowmobilers and the helicopter crew to use the same area. He settled with the airfield for an undisclosed amount.
Smith suffered severe injuries from the crash: broken ribs, a punctured lung and internal bleeding, which led to his ongoing struggle with daily tasks.
“It was a mess,” Smith recounted, noting his difficulties with simple activities like putting on socks.
The claimant has since been relying on disability assistance and has been unable to resume his former hobbies, including snowmobiling and golfing.
His lawsuit alleged the helicopter crew failed to take adequate precautions to warn snowmobilers of the aircraft’s presence.
A stock photo of a driver in all-black protective gear riding a snowmobile. Jeff Smith suffered severe injuries, including broken ribs and a punctured lung, leading to ongoing difficulties in daily life.
Richard Hamilton Smith/Getty Images
Smith argued that he had frequented the trail for over 100 rides without encountering a military aircraft.
The government attempted to dismiss the lawsuit multiple times, claiming it could not be sued under the Federal Tort Claims Act due to the involvement of a policy decision. Mastroianni denied the argument, asserting that the act allows for exceptions.
The U.S. government argued it lacked jurisdiction and that the helicopter crew was unaware it was landing on a snowmobile trail. It also alleged that Smith was driving over 65 mph and had consumed alcohol before the accident.
During the trial, witnesses recounted the harrowing moments after the crash. Benjamin Foster, one of the Black Hawk crew members, recalled finding Smith facedown in the snow and assisting him until emergency services arrived.
Richard Smith, Jeff’s brother, described the panic he felt upon hearing about the accident, immediately fearing the worst. “As soon as I heard that somebody on a snowmobile hit the helicopter, I knew it was my brother,” he said. “I didn’t sleep that night. I spent that night on my knees praying.”
This article includes reporting from the Associated Press.
