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Give me a break.
1 posted on 12/20/2007 10:51:40 PM PST by Arec Barrwin
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To: Arec Barrwin

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.


2 posted on 12/20/2007 10:59:58 PM PST by Kirkwood
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To: Arec Barrwin

——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.


3 posted on 12/20/2007 11:12:33 PM PST by geopyg (Don't wish for peace, pray for Victory. ------ www.gohunter08.com ------)
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To: Arec Barrwin

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


5 posted on 12/20/2007 11:26:03 PM PST by darkangel82 (And the band played on....)
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To: Arec Barrwin
"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.

8 posted on 12/20/2007 11:31:20 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: Arec Barrwin
“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.

12 posted on 12/20/2007 11:49:51 PM PST by ME-262 (Nancy Pelosi is known to the state of CA to render Viagra ineffective causing reproductive harm.)
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To: Arec Barrwin

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


13 posted on 12/20/2007 11:54:24 PM PST by Sockdologer (Waiting patiently for the Democrats to solve the worlds problems.)
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To: Arec Barrwin

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.


14 posted on 12/21/2007 12:10:41 AM PST by Robwin
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To: Arec Barrwin

Shakespeare was right.


15 posted on 12/21/2007 12:14:43 AM PST by Kozak (Anti Shahada: There is no god named Allah, and Muhammed is a false prophet)
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To: Arec Barrwin
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?

16 posted on 12/21/2007 12:19:05 AM PST by chemicalman (My National Environmental Scorecard for 2006 was 0%.)
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To: Arec Barrwin
His inspiration:

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

17 posted on 12/21/2007 12:25:01 AM PST by dfwgator (11+7+15=3 Heismans)
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To: Arec Barrwin
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.

19 posted on 12/21/2007 12:59:45 AM PST by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: Arec Barrwin
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

20 posted on 12/21/2007 1:16:59 AM PST by Uri’el-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: Arec Barrwin
Seems to me it's an assumed risk on part of the crotchety old man. He also apparently assaulted the child, yes? I'm sorry he got injured, but it really sounds like a freak accident. I've bounced down entire mountains only to get back on the lift. It's a mental disorder, not physical....
21 posted on 12/21/2007 1:29:10 AM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: Arec Barrwin
Allentown, Penn

My city. What an embarrassment to have him live there.

22 posted on 12/21/2007 1:39:08 AM PST by napscoordinator
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To: Arec Barrwin
Pfahler, who declined comment on his attorney’s advice, works in publishing for Reader’s Digest

Another reason to stop reading the liberal leaning Reader's Digest. [sarcasm]

23 posted on 12/21/2007 3:12:45 AM PST by rawhide
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To: Arec Barrwin

So this ‘strong, accomplished’ skiier was on the kiddie slope, skiing so competently that he was overtaken by a seven year old. Then after falling down assaults said seven year old by grabbing his leg. THEN he endangers the kid by swearing at him and breaching the peace.

and HE sues the kid? he should have been arrested for reckless endangerment, assault on a child, and breach of peace.

BTW: if dad witnessed the scene, why didn’t he intervene when the guy grabbed junior?

what makes me think that we’re not getting the whole story here?


25 posted on 12/21/2007 3:35:44 AM PST by camle (keep an open mind and someone will fill it full of something for you)
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To: Arec Barrwin
You've gotta watch them slopes!

Merry Christmas!

28 posted on 12/21/2007 4:35:19 AM PST by Young Werther (Julius Caesar (Quae Cum Ita Sunt. Since these things are so.))
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To: Arec Barrwin

If he grabbed the 7 year old, the parents should press assault charges. This is nothing more than a simple accident. Any lawyer attempting to take this case to trial should be disbarred.


29 posted on 12/21/2007 4:42:31 AM PST by SueRae
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To: Arec Barrwin

While I agree with the sentiments in the thread it’s worth pointing out that a “catwalk” may or may not be a “kiddie slope”. Often its like a ski highway which takes you from one part of the mountain to another and you end up with skiers of all different abilities just because it’s the only way to get from A to B. Often happens at the end of the day when everyone is getting off the mountain.


33 posted on 12/21/2007 5:06:09 AM PST by 2 Kool 2 Be 4-Gotten
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To: Arec Barrwin
Sounds like Mr. Pfahler is a real jerk ! I guess he is attempting to dig for gold.

Oh, you live in Vail, you must be rich ! Here, I am going to take some of your money through a frivolous lawsuit.
36 posted on 12/21/2007 5:16:08 AM PST by CORedneck
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