Man who crashed snowmobile into a parked Black Hawk helicopter suing government for $9.5M

ElPaso Pilot

ElPaso Pilot

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In other news of the strange...

A man who crashed a snowmobile into a parked Black Hawk helicopter is suing the government for $9.5M

www.nbcnews.com

A man who crashed a snowmobile into a parked Black Hawk helicopter is suing the government for $9.5M

Jeff Smith says he needs the money to cover his medical expenses and lost wages, as well as hold the military responsible for the crash.
www.nbcnews.com www.nbcnews.com


Lawyers in the yearslong 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.​
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SkyChaser said:
Is it possible to sue someone for stupidity?
Click to expand...
More detail and photos from other sources. See pertinent details below, including speed, alcohol, and prescription drugs use.

I must admit, though, that hitting that horizontal stab. at 65mph in the dark without seeing it must have rocked his marbles.

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.​
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They also argued that the court lacked jurisdiction and that the crew wasn’t told that they were landing on a snowmobile trail. They also pushed back on claims they could have prevented the accident, saying there was nothing in their policies that required illuminating the helicopter. They also attempted to cast blame on Smith for the accident, claiming he was driving his sled more than 65 mph at the time the crash and that he had taken both prescription drugs and drank two beers before his ride.​




www.recorder.com

Worthington snowmobiler who crashed into Black Hawk helicopter sues government for $9.5M

BOSTON — Jeff Smith was whizzing along on a snowmobile in Worthington one evening a few years back when something dark appeared in front of him. He hit his brakes but he couldn’t avoid clipping the rear tail of a Black Hawk helicopter parked on the...
www.recorder.com www.recorder.com

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The guy has a point if the statement that the aircraft was parked on a designated snowmobile trail, unlighted, and camouflaged, at night, is true. There is an obligation on the pilot to ensure a safe landing/parking place and this can be considered negligent, even if they got approval beforehand.

Whether the feds will have to pay, or what the amount should be is another issue
 
Lndwarrior said:
The guy has a point if the statement that the aircraft was parked on a designated snowmobile trail, unlighted, and camouflaged, at night, is true. There is an obligation on the pilot to ensure a safe landing/parking place and this can be considered negligent, even if they got approval beforehand.

Whether the feds will have to pay, or what the amount should be is another issue
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Pilot landed on a designated airport. MA88.

Pilot doesn't have a designated snowmobile trail listed on his chart.

AirNav: MA88 - Albert Farms Airport

Complete aeronautical information about Albert Farms Airport (Worthington, MA, USA), including location, runways, taxiways, navaids, radio frequencies, FBO information, fuel prices, sunrise and sunset times, aerial photo, airport diagram.
www.airnav.com
maps.app.goo.gl

42°23'24.3"N 72°55'51.4"W · Worthington, MA

Worthington, MA
maps.app.goo.gl maps.app.goo.gl

Airport is on a private farm.

I'd also question how "designated" the snowmobile trail actually was as it crossed the farmer's property and down the airstrip. Looking at the google map link, it was a convenient way to cut the corner for the adjacent rural highway.
 
What kind of idiot rides a snowmobile at 65mph in the dark without a bright enough headlight to see what's in front of him? From the photos it looks like a wide open field, a chopper in the middle of it would be hard to miss.

Or maybe he did see it, thought it would be cool to zip by right next to it... and failed to see the stabilizer.

"Smith, who said he had snowmobiled on the trail more than 100 times, said the last time an aircraft used it was decades ago when he was a child — and never a military aircraft."
According to Airnav, there are 3 aircraft based on the field, so unless they're 30 year old derelicts...

But I guess it would have hurt less if it wasn't a military aircraft?

"“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..."

They keep saying, "trail" and avoiding the word "runway." I would say that it's incompatible to operate a snowmobile on an active charted runway.

But, the article said he sued the airport owner and settled for an "undisclosed sum". Normally the state recreational liability statue would protect the landowner "in the absence of wilful, wanton, or reckless conduct" by the landowner.
 
Was the manufacturer of the snowmobile also sued?

What about the last person who serviced the snowmobile?

If they weren't sued, why not?
 
Welp, it is designated, on a private club site.

Interactive map - Snowmobile Association of Massachusetts

www.sledmass.com www.sledmass.com

I guess one could argue that since the airport is listed on the snowmobile site, but the trail is not listed on the sectional, that maybe the rider bears more responsibility than the Blackhawk pilot?

At a minimum, this is exactly why I'd never let Joe Public Randos on my private property.

Could I have gotten far enough away from this guy to avoid getting run down at 65mph if I were out walking my field at night??


Capture.PNG
 
It’s all a matter of did the helicopter land on a snowmobile trail or was he snowmobiling on an airstrip. Obviously each party has their own opinion
 
Bob Noel said:
Was the manufacturer of the snowmobile also sued?

What about the last person who serviced the snowmobile?

If they weren't sued, why not?
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No kidding!

And the farm owner settled because he wanted to cut his losses in all this stupidity. But somehow it's someone else's fault for this guy riding a snowmobile over an airstrip while intoxicated .
 
I put the liability equally on the owner of the farm/airstrip who gave permission to the snowmobilers to use the airstrip AND to the Army to land on the airstrip. The other half of the blame goes to the idiot on the snowmobile who was going too fast for conditions.
 
Dave Theisen said:
It’s all a matter of did the helicopter land on a snowmobile trail or was he snowmobiling on an airstrip. Obviously each party has their own opinion
Click to expand...
Map just above your post seems to make it clear...
 
Growing up, near me, there was a quarry that was surrounded by cornfield. Good snow came, and everybody went out snowmobiling. This guy launched himself off the edge of the quarry because he didn’t see it in the dark. They have since surrounded the quarry with an earthen berm and trees on the top.
 
donjohnston said:
I put the liability equally on the owner of the farm/airstrip who gave permission to the snowmobilers to use the airstrip AND to the Army to land on the airstrip. The other half of the blame goes to the idiot on the snowmobile who was going too fast for conditions.
Click to expand...
Yeah as a pilot and a snowmobiler it seems to me that both the pilot and snowmobiler were operating within what they thought were reasonable practices. I imagine an airport section of a trail would function a lot like the lake crossings I ride on- it's the long straightaway where you open the machine up to see how fast it will go. I question having it open to both at once but there really ought to have been some kind of barrier- blaze orange snow fence or those little pennant flags are things I see a lot- separating the aircraft operations from snowmobiling. There also really ought to have been a NOTAM or some warning for the pilot.

Also just looking at the height of the impact on that tail I think the dude is lucky it didn't take his head off! And yeah I also will agree he was going too fast for conditions... but I wonder if there was snow covering the helicopter at the time of impact? White on white can be hard to make out.
 
I wonder where on the airport the blackhawk was parked.
That map makes it seem that the trail runs right down the middle of the ramp and runway....so yeah, I can imagine the helo parking on that ramp area at the North end...seems like a perfectly reasonable spot to park and expect to be safe enough

Probably no way for the pilot to know it was a scooter trail.... but I can imagine lots of other scenarios...another aircraft landing or taxiing at night.... especially with inop lighting or even with old fashioned lights (not the new LED make-it-day lighting that's available these days it might be hard to spot a dark/camouflaged helo like that parked where not expected.
 
Over driving his headlights = 100% his fault out of the gate. Anyone who has ever driven a vehicle knows it’s foolhardy to drive blind

I’m amazed that he’s alive (what’s the source for 65mph?)
 
We get blackhawks here at times. They like to come over to our field (it's dark) at night and practice NVG work. My wife found her sunflowers all blown over the next morning. Blackhawks hovering over our garden is pretty bad for them.

My first day working in my home office I had blackhawks shoot by my window at eye level (I look at the runway). Yep, that's why I live on an airpark.
 
donjohnston said:
I put the liability equally on the owner of the farm/airstrip who gave permission to the snowmobilers to use the airstrip AND to the Army to land on the airstrip.
Click to expand...
Don, help me out here - how is the pilot at fault for landing an aircraft on an airstrip?
(I land my aircraft on airstrips all the time and never thought I was being out of line)
 
AV8R_87 said:
No kidding!

And the farm owner settled because he wanted to cut his losses in all this stupidity. But somehow it's someone else's fault for this guy riding a snowmobile over an airstrip while intoxicated .
Click to expand...
Who said he was intoxicated? I missed that part.
 
Let'sgoflying! said:
Don, help me out here - how is the pilot at fault for landing an aircraft on an airstrip?
(I land my aircraft on airstrips all the time and never thought I was being out of line)
Click to expand...
Not sure how you got that. The word "pilot" does not appear in my post at all.

Half of the liability is on the owner of the airstrip and the other half is on the guy on the snowmobile.
 
Lindberg said:
Who said he was intoxicated? I missed that part.
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All I saw about it was in the news article:

"The night of the accident, Smith said he was over at his mom’s helping fix a computer. He had a beer with dinner and then another with his dad, before setting off to meet his brother, Richard Smith, on the trial."

edit: OK, been beat to it.
 
"I put the liability equally on the owner of the farm/airstrip who gave permission to the snowmobilers to use the airstrip AND to the Army to land on the airstrip."
donjohnston said:
Not sure how you got that.

Half of the liability is on the owner of the airstrip and the other half is on the guy on the snowmobile.
Click to expand...
Ah I see it can be read two different ways - I get it now.
I thought the "AND" meant you were emphasizing the liability on the owner/operator (the Army in this case) as equal to the farmer ........but you mean 'snowmobilers AND army, who were both given permission'.
Thanks for clarifying.
 
One outcome that is certain, the landowner will likely prohibit snowmobilers from transiting the property, and quite possibly - aircraft from landing there.
And any landowner offering similar enjoyment of their property to the public could well do the same.

There is loss; beyond the injury, the property damage, the financial penalties.
 
Why did they shutdown? And why in the middle of the runway? I’ve never shutdown on private property but we always carried chem lights to hang on the aircraft if we broke.
 
This happened in March 2019. Is there some kind of 5 year statute of limitations on this?
 
ElPaso Pilot said:
I guess one could argue that since the airport is listed on the snowmobile site, but the trail is not listed on the sectional, that maybe the rider bears more responsibility than the Blackhawk pilot?
Click to expand...


Well, the pilot has an obligation to obtain all available information prior to the flight. I don’t believe there is a snowmobile regulation that carries a similar obligation.

That’s why, before landing on a runway here in Florida, I peruse all the Florida snowmobile websites to make sure there’s not a trail that conflicts with my planned landing and parking space.
 
Velocity173 said:
Why did they shutdown? And why in the middle of the runway? I’ve never shutdown on private property but we always carried chem lights to hang on the aircraft if we broke.
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According to one article I read, it was a training exercise and they obtained prior permission to land and shutdown on the airstrip.
 
AV8R_87 said:
here:
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ElPaso Pilot said:
They also attempted to cast blame on Smith for the accident, claiming he was driving his sled more than 65 mph at the time the crash and that he had taken both prescription drugs and drank two beers before his ride.
Click to expand...
That doesn't say he was intoxicated.

I take prescription drugs every day before I drive to work, and I'm not intoxicated. And I don't know how much this guy weighs, but an average 200lb guy wouldn't even peak at .04 BAC after two beers, so below the legal limit to fly an airplane, which is definitely not intoxicated. A 150lb lightweight would only be slightly higher than that. Add time, and BAC would be even lower.
 
Matthew said:
This happened in March 2019. Is there some kind of 5 year statute of limitations on this?
Click to expand...
Statute of limitations applies to the filing date, not the disposition. Given that the suit appears to have been filed right about five years afterward, there probably is a five year limit.

My experience with lawsuits is very myopic, but maybe the deadline filing is indicative of him having a hard time finding an attorney willing to take the case. The one time I was sued during my law enforcement career, they filed it 40 minutes before the statute of limitations expired. And it was almost all boiler plate language, including at one point listing me as an officer of the biggest police department in the county where the lawyer was based, rather than the correct agency.

The case was dismissed after our attorney did a deposition with the plaintiff. He refused to answer most questions, even declining to state the nature of his prior employment at Northrop, claiming that national security would be endangered. Some investigation revealed that 10 years earlier, he’d been a janitor for a couple months and was fired for testing positive for cocaine. Before they were half an hour in to the deposition, his attorney had his head in his hands and had stopped assisting his client.
 
Last edited:
rilawyersweekly.com

Lawyer who crashed snowmobile into parked Black Hawk helicopter suing government for $9.5M

Jeff Smith was whizzing along on a snowmobile one evening a few years ago when something dark appeared in front of him. He hit his brakes but he could not avoid clipping the rear tail of a Black Hawk helicopter parked on the trail. The March 2019 crash almost cost Smith his life and is
rilawyersweekly.com rilawyersweekly.com

A little more information from a legal site, but I don't have visibility to any of the court documents.
 
ateamer said:
Statute of limitations applies to the filing date, not the disposition. Given that the suit appears to have been filed right about five years afterward, there probably is a five year limit.

My experience with lawsuits is very myopic, but maybe the deadline filing is indicative of him having a hard time finding an attorney willing to take the case. The one time I was sued during my law enforcement career, they filed it 40 minutes before the statute of limitations expired. And it was almost all boiler plate language, including at one point listing me as an officer of the biggest police department in the county where the lawyer was based, rather than the correct agency.

The case was dismissed after our attorney did a deposition with the plaintiff. He refused to answer most questions, even declining to state the nature of his prior employment at Northrop, claiming that national security would be endangered. Some investigation revealed that 10 years earlier, he’d been a janitor for a couple months and was fired for testing positive for cocaine. Before they were half an hour in to the deposition, his attorney had his head in his hands and had stopped assisting his client.
Click to expand...

My one experience being sued it seemed like they waited to file suit for years hoping we would have forgotten everything and any evidence against their case was lost.
 
Camouflaged? looks to me like basic BROWN tones, should stand out like a beached whale on the snow that this guy was zooming along on.

Surprised no one has commented on the drastic difference in actual color, snow to the damage pictures.
 
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