BOSTON (AP) — In a significant ruling, a judge has awarded $3.3 million in damages to a snowmobiler who suffered severe injuries after colliding with a Black Hawk helicopter parked on a snowmobile trail in Massachusetts. U.S. District Judge Mark Mastroianni determined that the federal government bore 60% of the blame for the March 2019 incident due to the improper placement of the helicopter.
Jeff Smith, a Massachusetts attorney who was nearly killed in the crash, had initially sought $9.5 million to cover his medical costs and lost income. He argued that the military should be held accountable for what he termed a hazardous situation.
Judge Mastroianni noted that while Smith, who is 48 years old, had some responsibility for operating the snowmobile recklessly — including speeding and wearing tinted goggles — the primary fault lay with the government. “The court finds that the government breached its duty of care by failing to ensure adequate protection against the evident risk posed by the camouflaged helicopter’s presence on an active trail,” Mastroianni wrote. He criticized the lack of illumination or markings around the helicopter as darkness approached.
Smith’s lawyer, Doug Desjardins, expressed gratitude for the judge’s careful review of the case, stating, “We believe justice was served, and the decision encourages public safety.” Desjardins went on to highlight the impact of the ruling on accountability for public entities.
The federal government now has 60 days to either pay Smith the awarded damages or file an appeal. As of yet, there has been no response from the government regarding the case.
In addition to suing the military, Smith also filed a complaint against the owner of Albert Farms airfield, alleging they allowed both the Black Hawk crew and snowmobilers to use the same area. He reached a settlement with the farm owner for an undisclosed amount.
Smith sustained multiple serious injuries in the accident, including a dozen broken ribs, a punctured lung, and internal bleeding, ultimately requiring airlift to a trauma center. He has since been living on disability assistance and struggles with daily tasks, such as dressing himself—a stark contrast to his active lifestyle before the incident. “It was a mess,” Smith remarked, reflecting on his altered life.
According to Smith, the helicopter crew failed to provide adequate warnings about their aircraft’s presence and left the 14,500-pound helicopter briefly unattended on the trail. Notably, Smith had frequently used the trail for snowmobiling over the years, but he emphasized that the last time an aircraft had utilized the area was decades earlier, when he was a child.
The military sought to dismiss the lawsuit multiple times, contending that the Federal Tort Claims Act shielded them due to policy decisions involved. However, the judge ruled that exceptions under the act applied in this case. The government also argued they did not have jurisdiction and claimed the crew was unaware they were landing on a snowmobile trail.
On the night of the accident, Smith had been helping his mother fix a computer before heading out for a night ride with his brother. After having a couple of beers with his family, he drove in the dark on familiar paths, only to realize too late that he was about to collide with the helicopter. “I found him face down in the snow,” recalled Benjamin Foster, one of the military crew members who responded to the incident, describing the desperate moments that followed.
Richard Smith, Jeff’s brother, vividly recalled the moment he learned of the crash, saying, “As soon as I heard that somebody on a snowmobile hit the helicopter, I knew it was my brother. My heart hit my stomach. I just knew it was him.” His response that night was filled with fear and prayers for his brother’s survival.
