A snowmobiler who crashed into a parked Black Hawk helicopter is awarded $3 million

BOSTON (AP) — The federal government was mostly responsible for a nighttime collision involving a snowmobiler who nearly died after hitting a Black Hawk helicopter that was parked on a Massachusetts trail, a judge ruled in awarding him $3.3 million in damages.

U.S. District Judge Mark Mastroianni blamed both parties for the March 2019 crash in his ruling Monday, but said the government was 60% responsible for parking the helicopter on a snowmobile trail. He criticized Jeff Smith for not operating the snowmobile safely, for speeding and for wearing tinted goggles.

Smith, a Massachusetts lawyer, had asked for $9.5 million in damages to cover his medical expenses and lost wages and to hold the military responsible for the crash.

“We are grateful for Judge Mastroianni’s thoughtful consideration of the complicated facts of this case,” Smith’s lawyer Doug Desjardins said. “We believe justice was served, and the decision encourages public safety.”

The government has 60 days to pay Smith or appeal, Desjardins said. The government did not immediately respond to a request for comment Tuesday.

Smith’s lawyers argued that the crew of the Black Hawk helicopter that flew from New York’s Fort Drum to Worthington, Massachusetts, for night training was negligent for parking a camouflaged 64-foot (19.5-meter) aircraft on a rarely used airfield also used by snowmobilers.

“The court finds the government breached its duty of care in failing to take any steps to protect against the obvious risk of a camouflaged helicopter parked on an active snowmobile trail, in a somewhat wooded area, as darkness set,” Mastroianni wrote. “The helicopter and area where it was parked were not illuminated or marked in any way.”

Smith also sued the owner of Albert