Snowmobiler that crashed into Black Hawk helicopter en route awarded $3 million

The federal government was most responsible for a nighttime collision involving a motorcyclist who nearly died after hitting a Black Hawk helicopter parked on a Massachusetts trail, a judge has ruled. $3.3 million in damages.

U.S. District Judge Mark Mastroianni blamed both parties for the March 2019 crash in his ruling Monday, but said the government was 60 percent responsible for the helicopter being parked on a snowmobile trail. He criticized Jeff Smith for not driving the snowmobile safely, for speeding and for wearing tinted goggles.

Smith, a Massachusetts attorney, sought $9.5 million in damages to cover his medical expenses and lost wages and to hold the military responsible for the accident.

“We are grateful for Judge Mastroianni’s careful consideration of the complicated facts of this case,” said Smith’s attorney, Doug Desjardins. “We believe justice has been served and the decision promotes public safety.”

The government has 60 days to pay Smith or appeal, Desjardins said. The government did not immediately respond to a request for comment on Tuesday.

Smith’s attorneys argued that the crew of the Black Hawk helicopter that flew from Fort Drum in New York to Worthington, Mass., for night training was negligent in parking the 19.5-meter camouflaged aircraft on a rarely used and used airfield by motorcyclists. .

“The court finds that the government breached its duty of care by failing to take any steps to protect against the obvious risk of a camouflaged helicopter parked on an active snowmobile trail in a somewhat wooded area when darkness fell left,” Mastroianni wrote. “The helicopter and the area where it was parked were not lit or marked in any way.”

Smith also sued the owner of Worthington’s Albert Farms Airfield, accusing them of allowing motorcyclists to use the trail and for the Black Hawk crew to land in the same area. He settled with the farm owner for an undisclosed amount.

Smith, who was airlifted to a trauma center with a dozen broken ribs, a punctured lung and severe internal bleeding, survived with disability assistance. The 48-year-old struggles with simple tasks, including putting on socks or pulling up his trousers. Stop golfing or snowmobiling.

“It was a mess,” he said.

His lawsuit claimed the helicopter crew did not do enough to protect him, including failing to warn motorcyclists of the Black Hawk’s presence on the trail, leaving the 14,500-pound (6,577-kilogram) aircraft unattended for a short time and failing to illuminate it. The helicopter landed on an airstrip approved by the Federal Aviation Administration, and crew members testified that training is often conducted at similar locations. But Smith, who said he’s snowmobiled the trail more than 100 times, said the last time a plane used it was decades ago when he was a kid — and never a military plane.

The government tried to dismiss the case several times, arguing that it could not be sued under the federal Tort Claims Act because a political decision was involved. But the judge disagreed and said the act allows for exceptions.

The government also argued that the court lacked jurisdiction and that the crew members were not told they were landing on a snowmobile trail. The government also rejected claims it could have prevented the crash and said the crew should not have lit the helicopter. The government also tried to pin the blame on Smith, alleging that he was driving the sled at more than 65 mph (105 km/h) and that he had taken both prescription drugs and drunk two beers before the ride.

In its investigation, the military concluded that the crew members did not know they were landing on a snowmobile trail. It was also questioned whether the glow stick devices known as chemical lights used to illuminate the craft would have made a difference.

On the night of the accident, Smith said he was at his mother’s house to help fix a computer. He had a beer at dinner and another with his father before heading off to meet his brother Richard Smith on the trail. Jeff Smith drove in the dark past farm fields and forests before going over a ridge. Its headlights were reflecting “something,” he said, but Smith only knew it was a helicopter after the crash.

“We found him face down in the snow,” Benjamin Foster, one of the crew, told the court. “I rolled him onto his back and I might remember yelling or telling one of my crew chiefs to get some trauma scissors and space blankets from the plane. … I remember him gasping for breath.”

“As soon as I heard someone with a snowmobile hit the helicopter, I knew it was my brother,” said Richard Smith. “My heart hit my stomach. I just knew it was him. I went down there and my father told me he was alive. I didn’t sleep that night. I spent the night on my knees praying.”

Copyright 2024 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.