Well for starters, the kids suit will be thrown out. In the state of Colorado a minor cannot be sued.
Here is the article from the local news here in Denver.....
EAGLE COUNTY –
An 8-year-old in Vail is doing something most people never have to
worry about. He's getting ready for a civil law suit against him.
Scott Swimm and is family live near Vail so his dad Rob says skiing has become a way of life.
"One of my favorite things to do in the world is take my two boys skiing," said Rob Swimm.
Then back in January while skiing together at the Arrowhead Ski Area near Vail, Rob says that way of life changed.
"Scott's going to have to be in court and he's going to have to be deposed by lawyers," said Swimm.
It
all started when Scott collided with another skier, 60-year-old
Pennsylvania resident David Pfahler, who's now suing both Scott and his
dad in District Court for $75,000 for a torn tendon, lost vacation time
and medical expenses.
"It was a minor accident that happened
on the slopes where Scott skied over the front of this gentleman's
skies, he fell back and seems to have injured himself so bad that he
needs to sue my now 8-year-old son, (who was) 7 when this happened, for
$75,000," said Swimm.
Scott's dad says he saw the accident and
says Scott was the uphill skier coming down a catwalk when he tried to
pass Pfahler. He says that's when the older man turned and stopped in
front of his son.
Pfahler's Denver based attorney Jim Chalat,
won't discuss the lawsuit or what happened, but does say his law firm
often deals with ski-injury cases like this, and that according to the
skier safer act, uphill skiers, like Scott, are responsible in
accidents.
"In regard to collisions, it says the overtaking or uphill skier has the primary duty to avoid a collision," said Chalat.
As for suing an 8-year-old child, Chalat says that a minor being taken court is not that unusual.
"In
this case there's some controversy because a child is involved, but in
fact this is nothing new. From a technical standpoint, it's no
different than if your 16-year-old is involved in a moderate accident,"
said Chalat.
Scott's dad disagrees.
"I think it's shocking that a 7-year-old is being put through what he's being put through," said Swimm.
He says like most kids his son knew nothing of the legal system, but is now learning about it first hand.
"Scott didn't know what the word 'sue' meant," said Swimm.
The Swimms and Pfahlers will first meet in court in Denver on January 7 for their depositions.
Despite
what Pfahler's attorney says, Colorado law states you cannot sue a
minor, so the court could dismiss the portion of the suit filed against
the boy.
