In an unusual lawsuit coming to light, a Massachusetts lawyer, Jeff Smith, is demanding significant damages from the U.S. government following his catastrophic collision with a camouflaged Black Hawk helicopter parked on a snowmobile trail. Above the Law reports Smith’s claims that the incident almost cost him his life, leading him to sue for a substantial $9.5 million to cover medical expenses, lost wages, and to hold the military accountable for their negligence.
According to CBS News, Smith’s criticism in part is directed at the lack of any warning or lighting system that could have drawn attention to the helicopter parked on a course used regularly for snowmobiling.
While the government may argue that parking a helicopter in an airfield – which is precisely what this trail is part of – is reasonable, Smith insists that irrespective of it being technically an airfield, the area was known for other uses. In fact, he alleges the military was aware, or at least should have been, that the area was routinely used as a snowmobile trail.
Smith’s allegation gains credence from the Army’s internal investigation, which ostensibly showed that the crew was cognizant of landing either directly before or after a snowmobile trail. A lack of foresight or attention can have catastrophic consequences in such instances, a fact that Smith unfortunately knows all too well.
The government shields itself with the Federal Tort Claims Act, which states that the government must consent to be sued. Yet, given the circumstances, Smith’s case may not be dismissed so easily. If the Army was aware that it was parking an aircraft in an area popular for snowmobiling, this may be considered negligent behaviour. Smith’s fight, however, is far from over as he seeks justice for his ordeal.
The lawyers out there should be vigilant, whether on a snowmobile or in the courtroom. Be sure to keep your eyes open for obstacles in your way, no matter their size – they might just be a 64ft helicopter.