Man suing government for $9.5M after he smashed his snowmobile into a parked Black Hawk aircraft

A few years ago, Jeff Smith was riding on a snowmobile when something dark appeared in front of him. He used the brakes, but it was not enough to him from impacting the back end of a Black Hawk helicopter that was parked on the trail.  

The Massachusetts attorney is currently suing the federal government over the March 2019 crash, which nearly claimed Smith's life. He demands $9.5 million in damages from the government, claiming that this amount is necessary to pay for his lost income and medical costs as well as to hold the military accountable for the collision.  

“The last five years, there’s been surgery, recovery, surgery, recovery,” said Smith, who lost the use of his left arm, suffered respiratory issues since the crash, and hasn't been able to work full time. “Honestly, right now, it feels like I’m in a worst place than when I first had the surgeries in 2019.” 

A U.S. District Court judge in Springfield is expected to rule on the lawsuit later this year. 

Smith's lawyers in the years long court case argue that the crew of the Black Hawk helicopter that flew down from New York's Fort Drum for night training was negligent for parking a camouflaged 64-foot (19.5-meter) aircraft on a rarely used airfield also used by snowmobilers. Smith also sued the owner of Albert Farms airfield in Worthington, Massachusetts accusing them of both giving permission to snowmobilers to use the trail and the Blackhawk crew to land in the same area. He settled with the farm owner for an undisclosed sum. 

Smith argues that the crew didn't do enough to protect him, including failing to warn snowmobilers of the helicopter's presence on the trail, leaving the 14,500-pound (6,577-kilogram) aircraft unattended for a brief time and failing to illuminate it. 

“Our argument from the beginning has been that it’s incompatible to have a helicopter land on an active snowmobile trail,” Smith's attorney, Douglas Desjardins, said, adding that the lawsuit was filed after the government failed to respond to their damages claim. 

“The Army internal investigation showed pretty clearly that the crew knew that they were landing right before or right after on an active snowmobile trail,” he said. “What bad could happen there? You know, helicopter on a snowmobile trail where folks go fast.” 

The government has attempted to dismiss the case several times, arguing that it can't be sued under the Federal Tort Claims Act since this involves a policy decision. A spokesperson for the U.S. Attorney's office had no comment. 

They also argued that the court lacked jurisdiction and that the crew wasn't told that they were landing on a snowmobile trail. 

The Army's investigation revealed that the crew in the disaster was unaware that they were landing on a snowmobile route. It also wondered if the chem lights, which are similar to glow sticks and were used to light up the craft, would have made a difference. 

In order to pay for a treatment at Massachusetts General Hospital that would connect an electronically-controlled brace to improve movement in his left arm, Jeff Smith is now banking on winning the lawsuit. 

He declared, "It would change my life." "I could definitely function and perform everyday tasks like brushing my teeth, taking out the trash, and opening doors with one hand with ease."