Negligence – FTCA – Discretionary function

Where a plaintiff was injured when a snowmobile he was operating collided with a United States Army helicopter that was parked on a snowmobile trail at night in Worthington, the government breached its duty of care by 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.

“This case arises out of a serious accident on March 12, 2019 involving a snowmobile and a United States Army helicopter which was parked on a snowmobile trail at night in Worthington, Massachusetts. Jeffrey Smith was the operator of the snowmobile and suffered life-changing injuries from the crash. He brings a negligence claim against the United States of America under the Federal Tort Claims Act (‘FTCA’), 28 U.S.C. §2671 et seq. Anthony Smith, Jeffrey’s now-adult son, and Kerry Smith, as next friend to C.S., Jeffrey’s minor daughter, bring loss of consortium claims for their loss of society and companionship with their father. This court held a bench trial, after which the parties submitted proposed findings of facts and conclusions of law.

“For the following reasons, the court concludes that it has subject-matter jurisdiction because the discretionary function exception to the FTCA’s waiver of sovereign immunity does not apply. 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. The helicopter and area where it was parked were not illuminated or marked in any way. However, the court also finds Jeffrey breached his duty to operate his snowmobile in a safe manner and avoid harm by, among other things, speeding and wearing tinted goggles at night. In comparing the negligence attributable to both the government and Jeffrey, the court ultimately finds the government is 60% responsible for the accident and Jeffrey is 40% responsible. After reducing the total damages to account for Jeffrey’s comparative negligence and applying the statutory setoff as to the settlement reached with the landowner, Donald Chase, the court will award $3,306,175.90 to Jeffrey. The court will also award $100,000 to Anthony Smith and $150,000 to Kerry Smith, as next friend to C.S., after applying the statutory setoff as to their settlements with Chase.”

Smith, et al. v. United States (Lawyers Weekly No. 02-454-24) (45 pages) (Mastroianni, J.) (Civil Action No. 19-30145-MGM) (Sept. 23, 2024).

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