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.
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.
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.
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.