Jeff Smith nearly died in 2019 after hitting a Black Hawk helicopter that was parked on a Massachusetts trail.
A judge ruled that the federal government was mostly responsible for a nighttime collision that nearly killed a snowmobiler who struck a that was parked on a Massachusetts trail.
U.S. District Judge Mark Mastroianni blamed both parties for the March 2019 crash in his ruling Monday, but said the government was 60% responsible for parking the helicopter on a snowmobile trail. He criticized snowmobiler Jeff Smith for not operating the craft safely, for speeding and for wearing tinted goggles, but awarded him $3.3 million in damages.
Smith, a Massachusetts lawyer, had asked for $9.5 million in damages to cover his medical expenses and lost wages and to hold the military responsible for the crash.
“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.”
The government has 60 days to pay Smith or appeal, Desjardins said. The government did not immediately respond to a request for comment Tuesday.
Smith’s lawyers argued that the crew of the Black Hawk helicopter that flew from New York’s Fort Drum to Worthington, Massachusetts, for night training was negligent for parking the camouflaged 64-foot aircraft on a rarely used airfield also used by snowmobilers.
“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, in a somewhat wooded area, as darkness set”, Mastroianni wrote.
