8yr old kid sued by 60yr old in ski collision

there is no case, the back of the ticket removes all liability from the kid in the accident. he might actually have had a case if the kid went around stabbing people on ski's or something

here is another article i found on this


On this point, everyone agrees: Scott Swimm and David Pfahler collided on a gentle slope at Arrowhead Mountain ski resort on Jan. 12.

Beyond that, it's a muddle of accusations and acrimony. Naturally, lawyers are involved.

Pfahler is suing Scott for more than $75,000 in expenses, lost vacation time and the usual laundry list of complaints you get in personal injury cases.

If you're wondering why I'm referring to Scott by his first name, that's standard newspaper style when writing about minors. Scott is 8 years old. He was 7 when the accident happened and is probably the only kid in his class at Eagle County Charter Academy who can define "lawsuit."

He is definitely the only kid in his class who has been served court papers by the Eagle County Sheriff's Office.

"It's truly bizarre," said Robb Swimm, Scott's father and co-defendant. "This Pfahler guy is going to force my 8-year-old kid into a deposition and put him through this for money."

Pfahler, 60, lives in Pennsylvania. The suit claims Scott's negligent skiing led to a collision that tore Pfahler's rotator cuff. It also seeks compensation for Pfahler's wife, Marlene Ambrogio, for "nursing, medical and other services rendered."

Pfahler declined comment through his attorney, Jim Chalat of Denver. Of course.

So what we have is Robb Swimm's account. He was 15 feet away from the accident. Here's what he says he saw.

On a fairly level stretch at the base of Arrowhead, Pfahler, skiing a few feet in front of Scott, turned and stopped. The 48-pound boy's skis passed over Pfahler's. The two got tangled up and fell.

Swimm estimates Scott was going about 10 mph.

Scott, who began skiing at age 3, got up, apologized and tried to ski off.

"That's when the guy grabbed my son around the legs, dragged him back down, cursed at him and threatened to sue him and his whole family," said Swimm, who skied over and told Pfahler to unhand the boy. What followed was a 20-minute argument and a visit from the ski patrol.

And that was it, for eight months.

In September, deputies served Scott with papers to appear in U.S. District Court. "That scared Scott a great deal," his dad said. The boy had to sign his name to the documents. Luckily, he had learned cursive writing the year before.

A private deposition is set for Jan. 7.

Chalat is a veteran personal injury attorney and an expert on lawsuits resulting from ski-slope mishaps. He figures about 50 such cases come through his office annually.

"Typically, skiers make their peace privately," he said. "Usually, it's only when people are being boorish or don't accept responsibility that the lawyers are called."

Swimm isn't worried about the money. He's sure his insurance company will cover that.

It's the principle of the thing that feels like a ski pole to the gut. "If he (Pfahler) gets anything, I'm going to be pretty upset," Swimm said.

Scott still skis, though he's less keen on it. "He's scared to ski at Arrowhead Mountain now because he knows the guy has a time-share there," his dad said.

Susan Swimm, Scott's mom, is furious. "It's ludicrous," she said. "This man should be drawn and quartered."

Sorry, ma'am. This is America. Evisceration is left for the lawyers.

For now, Swimm has taken away this lesson: "Anyone who skis or takes their kids skiing should be aware that there are people out there who will sue at the drop of a hat."

Sadly, his son knows that, too. Maybe it will lessen the shock when he learns about the Easter Bunny



Im sorry but if you can take the little kid down after he apologized to you then you could not have hurt your shoulder too bad. but my favorite part as got to be "It also seeks compensation for Pfahler's wife, Marlene Ambrogio, for "nursing, medical and other services rendered."" for christs sake he is your fucking husband, you are supposed to take care of him when he is sick. maybe my mom should sue me for all the times she took care of my when i was sick as a kid huh. thats just stupid.

only in america.

"Luckily, he had learned cursive writing the year before."

ahaha.


Dear Old People from the East Coast:  Stay on your side of the Mississippi.  Thanks.

The deepest levels of hell are reserved for "ski injury" attorneys. May they burn in the depths of the inferno eternally.

i can totally see how this went down.

this scott kid was skiing straight on the cat track like any normal skier would. and this old fuck is turning from side to side on the cat track. as he takes a turn he goes right into where scott was skiing.

that guy should be kicked in the nuts repededly so he cant repopulate the earth with anymore fuck up's like he is.  well hes 60 so we dont have to worry about that but i hope he doesnt have any kids already.  guy should still be kicked in the nuts repededly. 

wow that is fucking retarted.

wat a wrinkly old fucker. i was instructing some 8 yr olds today, and they didn't know wat the fuck they were doing.  u gotta be a major dick to pull shit like that

Last year, or 2.. Either way, I had brand new skis, about the 5th time on them and as I was crossing the run to get to the chairlift a 250lb truck drilled me.. Needless to say, both poles were bent nearly 60degrees and both my skis got massive cuts/scraps from where his edges dug into them and I had a super sweet head ache. if only i was in the states.

what a old grumpy doushe, just trying to get some money quick

Even thought the kid didn't have the right of way the old buzzard should have been in a safe spot...furthermore he finds it to be something worth suing over...even though the kids 8 YEARS OLD!

oh damn.

im within driving distance of allentown...maybe i should kill this guy?

Sounds like this guy is taking a ton of heat already according to some news articles.

Found a bunch of comments on articles that were very pissed at the old man and the lawyer.  If you'd like to tell him where to take the case here is some contact info for the lawyer in this case.

I think Jim needs to hear what we think of this suit.

His cell phone is 303-882-4781

James H. Chalat
Denver, Colorado
Partner

phone (303) 502-5007
(866) 701-7292

fax (303) 861-0506

maybe ill send this guy a fax...on my firm's letterhead. oh yeah

on the news they interveiwed the kid and he was asked to repeat what the guy said to him and the guy cussed him out.yeah a 60 year old cussing out an 8 year old.

i don't care who you are thats not the way to handle it.

The 60yr old is a fucking retard. My dad a couple years ago decided to try out snowboarding and some person cut infront of him or somthin im not really sure but the other person was a fault. my dad fucked up his shoulder and its still bothing him from llik 3 years ago. he didnt even say anythin to ther person much less sue them for 75thousand. FUCKING RETARDED!!!
the old basterd shud go to hell.

what a dick, hes just tryin to get retirement money

that old guy is a fag piece of shit, I hope he gets ocularly penetrated.

$75,000?!? Thats messed up...I'm sure that the hospital bill isn't even 1/4 the amount he is asking for

HAHA wtf? Is that guy serious? He's an 8 year old, omg what a fag, its was obvi. an accident. wow, just wow.

the code says

1. People ahead of you have the right of way. It is your responsibility to avoid them. 
2. You must not stop where you obstruct a trail or are not visible from above.

As I interpret it, the blame goes fifty fifty, as to how the dad described it.
I hope the judge tells the old shit to go to hell, and that he is then anally raped repeatedly.

jea

wow, thats messed up. I don't see how that old dude can live with himself after trying to sue an 8 year old

This will make you all feel better
- Full Article

"People upset over an Allentown man who sued an 8-year-old boy and his father over a ski collision have subjected him and his wife to ''an electronic tar and feathering,'' their lawyer said.

David Pfahler and Marlene Ambrogio left their West End Allentown home for the holidays because angry people tied up their phone lines with repeated, automated calls since news reports of the lawsuit, attorney Jim Chalat said Monday."

Oops...here's the full article.

It's funny that people are already revolting against this guy.

People upset over an Allentown man who sued an 8-year-old boy and his father over a ski collision have subjected him and his wife to ''an electronic tar and feathering,'' their lawyer said.

David Pfahler and Marlene Ambrogio left their West End Allentown home for the holidays because angry people tied up their phone lines with repeated, automated calls since news reports of the lawsuit, attorney Jim Chalat said Monday.

Some sent angry e-mails and calls to Chalat's Denver law firm, while others called Reader's Digest, where Pfahler works, and demanded he be fired, the Rocky Mountain News reported.

The couple, who could not be reached for comment Wednesday, sued Scott Swimm of Vail and his father, Robb Swimm, in federal court in September. They said Scott, then 7, skied into Pfahler, 60, at Beaver Creek in January.

After the crash, Pfahler underwent surgery for a torn rotator cuff and a procedure to repair part of his clavicle, according to the lawsuit.

Chalat said the Colorado Ski Safety Act holds children just as responsible for their actions as adults.

Robb Swim contends his son ''tapped'' Pfahler's ski boots and that it was not a violent crash.

Chalat said that after the crash, Pfahler asked the Swimms to help pay $35,000 in medical bills, but never heard back. The lawsuit seeks compensation for physical therapy, vacation time, nursing and medical services provided by Pfahler's wife, and other expenses.

The Swimms did not immediately return a phone message Tuesday to respond to Chalat's comments.

further more, what a useless wife if she charges her husband to look after him (or feels that she should be paid for looking after him). sounds more like a prostitute than a wife

true

wow, the old guys a duche

we dont have that because its a very socialist policy

oh yeah, and this guy is a complete douche for sueing

get the old guy banned from the hill!

HE's the one who's dangerous to have out there.