Jeff Smith was whizzing along on a snowmobile one evening in March 2019 when something dark appeared in front of him. He hit his brakes but couldn't avoid the rear tail of a Black Hawk helicopter parked on the trail in Worthington, Massachusetts. The crash almost cost Smith his life and is now the subject of a federal lawsuit by the Massachusetts lawyer, reports the AP. He is demanding $9.5 million in damages from the government, money he says is needed to cover his medical expenses and lost wages, as well as hold the military responsible for the crash.
"The last five years, there's been surgery, recovery, surgery, recovery," said Smith, who lost the use of his left arm, has suffered respiratory issues since the crash, and hasn't been able to work full time. A US District Court judge in Springfield is expected to rule on the lawsuit later this year. Smith's lawyers argue that the crew of the Black Hawk was negligent in parking a camouflaged 64-foot aircraft on a rarely used airfield in use by snowmobilers, failed to warn snowmobilers of the helicopter's presence on the trail, left the 14,500-pound aircraft unattended for a brief time, and failed to illuminate it.
"The Army internal investigation showed pretty clearly that the crew knew that they were landing ... on an active snowmobile trail," said Smith's attorney, Douglas Desjardins. "What bad could happen there? You know, helicopter on a snowmobile trail where folks go fast." Government lawyers have argued that the court lacked jurisdiction and that the crew wasn't told they were landing on a snowmobile trail. They also attempted to cast blame on Smith, claiming he was driving more than 65mph and that he had taken both prescription drugs and drank two beers before his ride.
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The 48-year-old spent a month in the hospital after the crash, but he continues to struggle with simple tasks, including putting on socks or pulling up his pants. He no longer golfs or snowmobiles. He gets by on federal disability assistance and lives with his parents. Smith is now pinning hopes on winning the lawsuit, which he said would help pay for a procedure at Massachusetts General Hospital that attaches an electronically-controlled brace that would improve movement in his left arm. "It would change my life," he said. "I would certainly be able to function and it would easier to do the daily activities of daily life." (More Black Hawk stories.)
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