In a ruling that assigns the federal government significant responsibility, U.S. District Judge Mark Mastroianni has awarded $3.3 million in damages to a snowmobiler, Jeff Smith, who nearly lost his life after colliding with a parked Black Hawk helicopter on a Massachusetts trail. The decision stems from a March 2019 crash in which the judge determined both parties were at fault, with the government bearing 60% of the responsibility for parking the helicopter on a snowmobile trail.
Smith, a Massachusetts lawyer, had sought $9.5 million to cover his medical expenses and lost wages, aiming to hold the military accountable for the crash. The judge reprimanded Smith for failing to operate his snowmobile safely, speeding, and wearing tinted goggles. Nonetheless, the court found the government’s actions more culpable.
Smith’s legal team successfully argued that the crew of the Black Hawk, which had flown from Fort Drum in New York for night training, was negligent for parking a camouflaged 64-foot helicopter on a seldom-used airfield frequented by snowmobilers. The helicopter was neither illuminated nor marked, creating a significant risk as night fell.
Judge Mastroianni’s ruling cited the government’s failure to protect against the clear danger posed by the camouflaged aircraft. The airfield where the incident occurred is owned by Albert Farms, with whom Smith had previously settled for an unspecified amount. Smith’s injuries were severe, including a dozen broken ribs, a punctured lung, and significant internal bleeding, leaving him reliant on disability assistance and struggling with everyday tasks.
Jeff Smith recounted the harrowing night, highlighting the lack of warning about the helicopter’s presence on the trail. Despite being familiar with the route, having traveled it over a hundred times, Smith was unaware of any aircraft usage since his childhood.
The government attempted multiple dismissals under the Federal Tort Claims Act, citing policy decisions and jurisdiction issues, but the judge allowed the case to proceed, pointing out that exceptions in the Act could apply. Investigations revealed the helicopter crew was not informed they were landing on a snowmobile trail and questioned the effectiveness of lighting measures like chem lights.
On the night of the crash, Smith had been at his mother’s house, fixing a computer, and had consumed two beers—one with dinner and another with his father—before meeting his brother on the trail. As he drove in the dark, his headlights briefly reflected off the helicopter, but he only realized what it was after the collision.
Crew member Benjamin Foster described finding Smith face down in the snow and administering emergency aid. Smith’s brother, Richard, shared his immediate dread upon hearing about the accident and the sleepless night spent praying for his brother’s recovery.
The government now has 60 days to either pay the damages or file an appeal. Requests for comments from the government were not immediately answered.
