Boy, 8, sued (by 60 Year Old Man) in Beaver Creek ski collision

Vail Daily ^ | December 20, 2007 | Steve Lynn

[Arec Barrwin]

Give me a break.

[Kirkwood]

It is true that the uphill skier is responsible for avoiding and/or warning the downhill skier. Sounds like the kid never learned that basic rule or decided to ignore it. Still, I wouldn’t sue the kid over this. There are tons of kids on the slopes and you have to expect them to run into you.

[geopyg]

——Scott said he was sorry and started to ski away when Pfahler grabbed Scott’s legs, cursed at him and said he would sue him, Robb Swimm said.-——

Would seem to me that the torn tendon occured while the guy assaulting the 7-year old. Grabbing onto a kid’s leg after he “started to ski away” would be quite a jolt on the old arm.

[DryFly]

In California, that kind of a claim is barred by primary assumption of the risk. I’ve gotta think Colorado law is equally protective of its ski resorts. You step onto a ski slope, and you assume the risk of falling down, running into a tree, or having a newbie run into you.

[darkangel82]

This case should be thrown out, or dismissed with prejudice as they say. The old guy needs a psych exam too.

[darkangel82]

He’s lucky the kid’s father didn’t deck him.

[SatinDoll]

The older man turned into the kid trying to pass him on the right. After the collision, the old fart immediately said he would sue. People who expect accident-free skiing are unreasonable.

This frivolous lawsuit is not only ridiculous but a prime example of why so many businesses and forms of recreation are no longer available. The cost of carrying insurance is too prohibitive.

[spunkets]

"Pfahler has a season pass and skis often, said Jim Chalat, Pfahler’s Denver-based attorney. “He’s a very strong recreational skier,” Chalat said."

Sure he is. Skiing on a kid's hill. Then he injures himself assaulting a 7y/o. Stinking democrat.

[calex59]

It is true that the uphill skier is responsible for avoiding and/or warning the downhill skier. Sounds like the kid never learned that basic rule or decided to ignore it. Still, I wouldn’t sue the kid over this. There are tons of kids on the slopes and you have to expect them to run into you.

Skiing is a dangerous sport. Anyone who participates in dangerous sports should be aware of the danger and accept the fact that injuries can, and probably will, happen. To blame another person for those injuries, except in cases of deliberate and extremely stupid behavior on the part of the other person, is the sign of a wimp or just a plain old jerk(stronger words come to mind but will not use them). Guy doesn't want to get hurt skiing shouldn't ski.

[Cementjungle]

He’s lucky the kid’s father didn’t deck him.

He would have loved that, two law suits for the price of one.

[CindyDawg]

Still, Scott Swimm, who will give his version of the collision to lawyers in a federal court in Denver Jan. 7 and 8, doesn’t feel like skiing lately, he said.

Sad

[ME-262]

“Pfahler grabbed Scott’s legs, cursed at him and said he would sue him”

At which point Scott yelled “I’ll give you something to sue about you liberal Nancy-boy!” and proceded to hit Pfahler upside the head with his ski pole. Scott’s father then jumped in and began beating Pfhaler and said “No, We’ll settle this thing right now!” and “that’s for swearing at my 8 year old son!”

I guess not everybody’s old fashioned like me, or the story would have read more like that.

[Sockdologer]

He sounds like Ebeneezer Scrooge. Maybe the ghosts of Christmas will pay him a visit or three.

[Robwin]

I don’t get it. If this stupid girlieman grabbed a 7 year old boy, and then cursed him, why wasn’t he arrested? Strikes me you just can’t do that stuff to a kid that age.

[Kozak]

Shakespeare was right.

[chemicalman]

Pfahler has a season pass and skis often, said Jim Chalat, Pfahler’s Denver-based attorney.

“He’s a very strong recreational skier,” Chalat said.

Then what the hell he's doing on the "kiddie" slope with 8 y.o.'s?

[dfwgator]

His inspiration:

"I don't fall down, the SOB knocked me over."

[Smokin' Joe]

Grabbing onto a kid’s leg after he “started to ski away” would be quite a jolt on the old arm.

I would think grabbing at anyone with a torn tendon in your shoulder would be fairly painful as well...

You may be on to something there. The injury may be a result of his actions after the collision and not the collision itself.

[kingu]

Robb Swimm said he answered the door when sheriff’s deputies served the papers for the lawsuit to his home — Scott was at school. “They said they would return at 4 p.m. and Scott would need to be here to sign the papers,” he said.

Like hell you're going to force my eight year old to sign your papers - get your supervisor on the line right now so you can tell him what you just told me; that you're seeking to require an eight year old to sign for service.

Of all this case; I mean, it's a seven year old we're talking about at the time of the accident - this is just someone fishing to hit the family insurance policy, and the truth is, they'll likely get a victory just to prevent the costs of court.

I think that's truly the biggest part of tort reform there needs to be - it should almost /never/ be cheaper to settle than to fight for your rights and innocence.

[Uri’el-2012]

If one skier is completely behind the downhill skier, then the downhill skier would be unaware of the uphill skier,” said Carey, who prosecuted the first case of reckless skiing to go to trial in Colorado. “That’s why the burden falls on the uphill skier.”

http://www.dora.state.co.us/Tramway/SkiSafetyAct.pdf