"I don't fall down, the SOB knocked me over."
Posted on 12/20/2007 10:51:36 PM PST by Arec Barrwin
Boy, 8, sued in Beaver Creek ski collision
Man, 60, says he was injured in crash on catwalk at Beaver Creek’s Arrowhead area
Scott Swimm, 8, is being sued for a ski collision his father describes as a tap. A Pennsylvania man said tore a tendon in his shoulder in the crash.
Steve Lynn Vail, CO Colorado December 20, 2007
EAGLE-VAIL, Colorado — Eight-year-old Scott Swimm spreads his arms wide when he describes the crash he was in with another skier at Arrowhead Mountain in January.
“We were literally about this far away,” said Scott, an Eagle-Vail resident and third-grader at Eagle County Charter Academy.
Then 7, Scott was skiing slowly and in control when he tried to pass David J. Pfahler, said his father, Robb Swimm, who witnessed the crash.
Almost eight months later, the 8-year-old and his father were named as defendants in a lawsuit alleging that Scott collided with Pfahler at Arrowhead Mountain Jan. 12.
“It wasn’t a violent collision or anything, Scott just kind of tapped his ski boots,” said Robb Swimm, who has lived in the Vail Valley with his wife, Susan Swimm, for 17 years.
Pfahler, 60, of Allentown, Penn., tore a tendon in his shoulder in the collision and is suing for physical therapy expenses, vacation time and other expenses, according to the lawsuit, filed in U.S. District Court in Colorado.
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.
Scott was skiing ahead of his father on the catwalk Golden Bear when he tried to pass Pfahler on the right, Robb Swimm said.
Pfahler was skiing ahead of Scott and turned into him. Scott, the uphill skier, did not have time to react, Robb Swimm said.
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.
“I was really scared,” Scott said.
Catwalk crash Pfahler, who declined comment on his attorney’s advice, works in publishing for Reader’s Digest, Chalat said.
“He wants to get back to work,” Chalat said.
Marlene Ambrogio, Pfahler’s wife, is also named as a plaintiff and is seeking damages for “nursing, medical and other services rendered to Mr. Pfahler,” the lawsuit says.
The total value of the Pfahler’s and Ambrogio’s losses are unknown, but they exceed $75,000, the lawsuit says.
The lawsuit says Scott was skiing “recklessly” and at a “high rate of speed.”
Susan Swimm said her 48-pound son could not have been skiing more than 10 mph on the gentle slope.
She said the lawsuit sends the wrong message to children trying to learn the sport: that they cannot make mistakes while skiing.
“Who in the world sues a child?” she said. “It just boggles my mind every day.” Chalat declined to comment specifically on the case.
“There aren’t any significant policy issues that drive this case,” Chalat said. “It’s a private matter between private parties.”
Scott cannot be sued When skiers pass other skiers, they need to make sure that the other skiers are aware they’re being passed by shouting or giving them enough room to turn, Avon defense attorney Bruce Carey said.
“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.”
Carey acknowledged that he has never heard of an 8-year-old being sued in a skiing collision.
Colorado law says a minor cannot be sued, but his or her parents can, said Clare Huntington, associate professor at the University of Colorado Law School.
“This is just a basic rule,” she said.
The court will likely dismiss Scott from the lawsuit, she said.
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.
Susan Swimm does not think her son did anything wrong and he has been taking ski lessons in the Vail Valley since he was 3 years old.
“They spend a lot of time talking about skier safety with these children,” she said. “It’s drilled into them.”
If the case is settled, Scott and his family won’t have to pay damages because the family has insurance, Robb Swimm said.
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.
“I feel like this guy could be on the mountain and it’ll happen again,” Scott Swimm said.
Staff Writer Steve Lynn can be reached at 748-2931 or slynn@vaildaily.com.
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.
——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.
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.
This case should be thrown out, or dismissed with prejudice as they say. The old guy needs a psych exam too.
He’s lucky the kid’s father didn’t deck him.
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.
Sure he is. Skiing on a kid's hill. Then he injures himself assaulting a 7y/o. Stinking democrat.
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.
He would have loved that, two law suits for the price of one.
Sad
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.
He sounds like Ebeneezer Scrooge. Maybe the ghosts of Christmas will pay him a visit or three.
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.
Shakespeare was right.
“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?
"I don't fall down, the SOB knocked me over."
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.
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.
http://www.dora.state.co.us/Tramway/SkiSafetyAct.pdf
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