Man who crashed snowmobile into Black Hawk sues government for $9.5M

[steve from amherst]

BOSTON (AP) — Jeff Smith was whizzing along on a snowmobile 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 trail.

The March 2019 crash almost cost Smith his life and is now the subject of a federal lawsuit by the Massachusetts lawyer. 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.

Smith’s 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.

 

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. The helicopter landed on an air strip approved by the Federal Aviation Administration and the crew members testified that trainings are often conducted in similar locations. But 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.

“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.”

[Highmark]

And this is why we have people who won't give access to trails.  Who would this guy sue if he hit a tree on the trail that fell during a storm mid season?  I really don't think he should get a dime.   Its a dangerous sport and we are all responsible for what is ahead of us.

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.

Edited March 7 by Highmark

[steve from amherst]

3 minutes ago, Highmark said:

And this is why we have people who won't give access to trails.  Who would this guy sue if he hit a tree on the trail that fell during a storm mid season?  I really don't think he should get a dime.   Its a dangerous sport and we are all responsible for what is ahead of us.

 

NH has laws against that unless one charges a fee. Just for that reason.

[Bontz]

He's a lawyer, too?  Well, that explains a lot.

 

[akvanden]

MN land owners have no liability. Granted, not sure how allowing a helicopter to land on your property may muddy the waters.

[Catalina]

Seems to me that he was going to fast at night, overdriving his headlight. By the time he saw the helo, he was too close to stop. 

Same thing could have happened with a moose. Who would he sue then?

[Bontz]

8 minutes ago, Catalina said:

Seems to me that he was going to fast at night, overdriving his headlight. By the time he saw the helo, he was too close to stop. 

Same thing could have happened with a moose. Who would he sue then?

Exactly ... and I wonder, are there nighttime (or anytime?) speed limit there?

[Guest]

2 minutes ago, Bontz said:

Exactly ... and I wonder, are there nighttime (or anytime?) speed limit there?

Do you guys have different speed limits for day vs night??? 

I've never heard that before.

[Highmark]

45 minutes ago, akvanden said:

MN land owners have no liability. Granted, not sure how allowing a helicopter to land on your property may muddy the waters.

They don't in Iowa either unless the landowner intentionally created the obstacle to injure the person.   Same goes for permission for hunting or any other recreation.

Problem is you need to pay an attorney to fight it to that point and even that gets expensive.

I use to hunt and fish a bunch of ground that was owned by a local concrete/Quarry/Materials company.   Some fuckhead broke his ankle on the way to one of the quarry's to fish.   Sued and lost but it cost the company quite a bit of money to fight.   Now they don't let anyone fish or hunt any of the ground they own.  The owner was like hey I'll look the other way we just can't give permission but I don't go on ground I don't have specific permission for.  

Edited March 7 by Highmark

[ActionfigureJoe]

Who the fuck lands a black hawk helicopter on a snowmobile trail at night and doesn’t see it being a potential hazard? Total negligence. 

[Sled_Hed]

1 hour ago, HSR said:

Do you guys have different speed limits for day vs night??? 

I've never heard that before.

MN doesn't but i believe Wisconsin does.

[Guest]

4 minutes ago, Sled_Hed said:

MN doesn't but i believe Wisconsin does.

Wow, first I've heard of it, thanks 

[Mag6240]

MN is 50 24/7 except for some lakes like Vermillion where they say 60.  Sconnie is have at it during the day, 55 at night from what I remember:

[Doug]

17 minutes ago, Sled_Hed said:

MN doesn't but i believe Wisconsin does.

Wisconsin is 55 MPH at night 

[Sled_Hed]

7 minutes ago, Doug said:

Wisconsin is 55 MPH at night 

Correct. So my post was right?

[Doug]

1 hour ago, Highmark said:

They don't in Iowa either unless the landowner intentionally created the obstacle to injure the person.   Same goes for permission for hunting or any other recreation.

Problem is you need to pay an attorney to fight it to that point and even that gets expensive.

I use to hunt and fish a bunch of ground that was owned by a local concrete/Quarry/Materials company.   Some fuckhead broke his ankle on the way to one of the quarry's to fish.   Sued and lost but it cost the company quite a bit of money to fight.   Now they don't let anyone fish or hunt any of the ground they own.  The owner was like hey I'll look the other way we just can't give permission but I don't go on ground I don't have specific permission for.  

In Wisconsin landowners are not held responsible for any injuries or damage on a snowmobile trail.  Our trail insurance would cover any legal fees.

[Highmark]

4 minutes ago, Doug said:

In Wisconsin landowners are not held responsible for any injuries or damage on a snowmobile trail.  Our trail insurance would cover any legal fees.

Ours as well....more talking about other recreation where the landowner gives permission and the country/state isn't involved.

[Mainecat]

Wizzing along one evening.

[ActionfigureJoe]

This entire story is bizarre. It’s comparable to driving off the trail because you’re trying to avoid a giant flying bat with a Doberman riding on its back. 

[Bontz]

1 hour ago, Doug said:

Wisconsin is 55 MPH at night 

I think it varies by county, but in general it's 55mph at night and no limit during the day?  For some reason I was thinking a couple counties in NW Wisconsin were 50mph at night vs. 55mph (not like it really makes a difference!).

So yes, @Sled_Hed - you were correct

[Guest]

2 hours ago, Mag6240 said:

MN is 50 24/7 except for some lakes like Vermillion where they say 60.  Sconnie is have at it during the day, 55 at night from what I remember:

 

2 hours ago, Doug said:

Wisconsin is 55 MPH at night 

Thanks for the info,,, interesting.

Lakes here unless posted/groomed are WFO day or night. 

[Doug]

1 minute ago, HSR said:

 

Thanks for the info,,, interesting.

Lakes here unless posted/groomed are WFO day or night. 

Lakes and rivers have no speed limits here regardless of day or night.

[steve from amherst]

nh is 45 everywhere all the time.

vt is 35 on state owned land

maine is wfo whenever wherever