A Massachusetts man who crashed his snowmobile into a Black Hawk helicopter is suing the government for a whopping $9.5 million.
Some five years ago in March 2019, Jeff Smith was riding around in his snowmobile when something dark appeared in front of him.
He immediately hit the breaks, but it was too late.
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Smith couldn't avoid hitting the rear tail of a parked Black Hawk helicopter.
The collision almost claimed his life and he is now seeking compensation for the terrible ordeal he's gone through.
As a result of the crash, Smith lost the use of his left hand, while ongoing respiratory issues have left him unable to work full-time.
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After being airlifted to hospital following the crash, medical professionals discovered Smith had sustained a dozen broken ribs, a punctured lung and severe internal bleeding.
He is now demanding $9.5 million in damages from the government, cash he says will help cover medical expenses and lost wages.
“The last five years, there’s been surgery, recovery, surgery, recovery,” said Smith.
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"Honestly, right now, it feels like I’m in a worst place than when I first had the surgeries in 2019."
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Smith's lawyers are arguing that the crew of the Black Hawk helicopter that parked the chopper on the trail were negligent for parking a camouflaged aircraft on an airfield used by snowmobilers.
He is alleging that the crew did not do enough to protect him, including warning snowmobilers where the helicopter would be parked.
Smith's attorney, Douglas Desjardins, added: "Our argument from the beginning has been that it’s incompatible to have a helicopter land on an active snowmobile trail.
"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.
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"What bad could happen there? You know, helicopter on a snowmobile trail where folks go fast."
The government has attempted to dismiss the case several times, claiming that ot cant be sued under the Federal Tort Claims Act, as it involves a policy decision.
It also said the crew were not told they were landing on a snowmobile trail, before claiming that Smith was driving at 105 kmph at the time of the crash and that he had taken prescription drugs and had a couple of beers before the ride.
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A subsequent report detailed: "I found no negligence by the crew and believe they complied with all applicable regulations and laws.
"Furthermore, given the particular circumstances of this incident, I am not convinced that using such chem lights or similar devices would have prevented the collision."
A US District Court judge is expected to rule on the lawsuit later this year.
Callum Jones