BOSTON — One night a few years ago, Jeff Smith was speeding along on his snowmobile when something dark appeared in front of him. He slammed on the brakes, but was unable to avoid hitting the tail end of the Black Hawk helicopter, which was parked on the sidewalk.
Smith nearly lost his life in the March 2019 crash, which is now the subject of a federal lawsuit by a Massachusetts attorney. He is seeking $9.5 million in damages from the government, arguing that the money is needed not only to hold the military responsible for the crash, but also to cover his medical bills and lost wages.
“The past five years have been surgery, recovery, surgery, recovery,” Smith said. Mr Smith lost his left arm and has suffered respiratory problems since the accident, making him unable to work full time. “Honestly, I feel like I'm in a worse place right now than when I had my first surgery in 2019.”
A federal district judge in Springfield is expected to rule on the case later this year.
Lawyers in Mr. Smith's long-running lawsuit allege that the crew of the Black Hawk helicopter, which flew from Fort Drum in New York for night training, was sent to a 64-foot-tall (64-foot-tall) plane disguised as an airfield that is rarely used and also used by Mr. Smith. It alleges that there was negligence in parking the aircraft (19.5 meters). Snowmobile. Mr. Smith also sued the owners of Albert Farms Airfield in Worthington, Massachusetts, accusing them both of allowing snowmobilers to use the trail and Black Hawk crews to land in the same area. He settled with the farm owner for an undisclosed amount.
Smith accused the crew of failing to warn snowmobilers that a helicopter was in their path, leaving the 14,500-pound (6,577-kilogram) aircraft alone for a short period of time, and failing to turn on lights. It alleges that it did not take sufficient measures to protect the country. The helicopter landed on a Federal Aviation Administration-approved runway, and crew members testified that training is often conducted at similar locations. But Smith, who has ridden snowmobiles on the trail more than 100 times, said the last time an airplane used a snowmobile was decades ago when he was a child and never on a military plane. Told.
“Our argument from the beginning has been that it is incompatible to land a helicopter in the wake of an active snowmobile,” said Douglas Desjardins, Smith's attorney. It added that the lawsuit was filed because of the failure to respond.
“The Army's internal investigation showed very clearly that the crew knew they were going to land just before or after the snowmobile's wake,” he said. “What bad things could happen there? You know, helicopters on snowmobile trailers with people moving at high speeds.”
The government has repeatedly attempted to dismiss the case, arguing that it cannot be sued under the Federal Tort Claims Act because it involves policy decisions. A spokesperson for the U.S. Department of Justice had no comment.
They also argued that the court lacked jurisdiction and that the crew was not informed that they were landing in the snowmobile's orbit. They also pushed back on claims that the accident could have been prevented, saying there was nothing in their policy that required helicopter lighting. They also claimed Smith was responsible for the accident, claiming he was driving the sled at more than 105 km/h at the time of the accident, took both prescription medications and drank two beers before riding. tried to impose on Mr. Smith.
After an investigation, the Army concluded that the crew was not aware that they had landed on the snowmobile's trajectory during the accident. They also questioned whether psyllium-like devices used to illuminate spacecraft, known as chemlights, caused the change.
“We found no fault on the part of the crew and believe they complied with all applicable regulations and laws,” the report said. “Furthermore, given the unique circumstances of this incident, we do not believe that the use of such chemical lights or similar devices would have prevented the collision.”
On the night of the accident, Smith said her mother was helping her fix her computer and she was at her wit's end. He had a beer at dinner, then had a beer with his father, and then went out to see his older brother Richard Smith at the trial. Smith drove in the dark, along fields and forests, and over a ridge. His headlights reflected off “something,” but Smith said he only realized after the crash that it was a helicopter.
Testimony from the crew and people who came to see the helicopter described a chaotic scene after the crash, with Smith thrown from the snowmobile and his sled flying through the air.
“We found him face down in the snow,” Benjamin Foster, one of the crew members, told the court. “You may remember that we rolled him onto his back and yelled and told one of the crew leaders to get trauma scissors and a space blanket from the plane. … I remember being out of it.”
“As soon as I heard that someone on a snowmobile had hit a helicopter, I knew it was my brother,” Richard Smith said. “My heart hit my stomach. I just knew it was him. When I got there, my father said he was alive. I couldn't sleep that night. I was on my knees that night. I prayed.”
Smith was airlifted to a trauma center with 12 broken ribs, a punctured lung and severe internal bleeding. “It was a mess,” Jeff Smith said.
The 48-year-old man was hospitalized for one month and returned home. However, he continues to struggle with simple tasks like putting on his socks and pulling up his pants. To make matters worse, he no longer goes golfing or snowmobiling. This includes rides with his brother, friends, and his 20-year-old son Anthony. He is receiving federal disability assistance and lives with his parents.
“We had left home a few times the winter before the accident, but he was old enough for us to really bond,” he said. “I feel like that was taken away from me.”
For Richard Smith, it meant losing his riding partner. “It destroyed me,” he said.
Jeff Smith is now hopeful of winning the lawsuit, which he said will pay for surgery at Massachusetts General Hospital to install an electronically controlled brace to improve movement in his left arm.
“It would change my life,” he said. “You can certainly work, and it will make daily life tasks easier, like brushing your teeth, taking out the trash, and opening the door with one hand.”
