Skier, 8, sued over collision with 60-year-old man

Scott Swimm, who was 7 at the time of the ski hill crash, told the man he was sorry and started to ski away. But the man grabbed Scott’s legs, cursed at him and said he would sue him. "I was really scared," says the boy. (Vail Daily)

Comments

[jupiterjim]

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.
Is this for real? I really know of any way to comment on this that would qualify my disbelief.

[JillyBean2024]

I think the whole lawsuit should be tossed simply for the fact that the old man grabbed the 8-year old as he tried to ski away - which is probably how he hurt himself in the first place. It was an accident plain and simple and the boy had the courtesy to apologize. I would ban the "strong recreational skier" from ever skiing there again and give the boy free skiing.

[Dick C. Normas]

How does one "sue" an 8 year old? What do you take away his birthday?

I have heard that you don't get to be old by being a fool. But it seems that when some get old they become fools.

[sometimesilie]

as a non-doctor, I prescribe a swift kick in the ass to Mr. Pfahler, followed by jack sh*t. Than give Scott some ski passes.

Mr. Pfahler, I hope you're reading this: Ski into a tree!

[KDP]

I always try to be aware of my surroundings when skiing. That means NO audio players. Want to bet this guy had his iPod plugged in and going full blast?

This one is just made for Overlawyered.com!

[jupiterjim]

but wait! what "other services rendered to Mr. Pfahler" qualify for money in this suit?...is she a nurse? Did she paint the house because he couldn't? how does one begin to determine which services if any will be considered. Sorry to harp on this but it really annoys me. He'll most likely file suit against the movie "the neverending story" becuase it was only 90 minutes long

[Sean, Torrington CT]

I had a friend who was hit on the slopes by some douchebag going way too fast for their skills. His shoulder was all fucked up, he still has troubles with it. He wishes he sued the asshole who ran into him.

Really, the guy is suing the brat's parents who apparantly were nowhere in sight when this 7-year-old alone on the slopes crashed into an old man. Hmmm...

[Sean, Torrington CT]

Whoops, sorry the parents claim they not only were there, but that their child was skiing slowly and in control when *somethinghappened* and the two people crashed.

Heh.

75 Grand seems a bit much, the guy should get all medical + lost wages + any assistance needed to get around while he was injured. Given the costs of medical care these days, 75 Grand might be right for Vail Colorado area medical.

[Phranqlin]

Here's the money quote:

"If the case is settled, Scott and his family won’t have to pay damages because the family has insurance, Robb Swimm said."

In other words, the old fart is trying to score money from their insurance company, probably by exaggerating his medical expenses! And he doesn't give a damn if he screws with a little kid's head to do it.

[LittleKitty]

I'll act for Farmer Bob again and demand that this 60-year old and his wife be forced to undergo sex-change surgery. Greedy *******.

[whyaskwhy]

I'm sorry, but this sounds like a set up from the beginning. How many people are going to tell someone, especially a kid "I'm going to sue" immediately after the incident happens? Maybe it's just me but the first thing that comes to my mind is "ouch that hurt"... I think he just wants an all expenses paid trip regardless of who is going to pay for it.

[SwarthyTroll]

When you ski you accept this risk. I hope someone kills this old crybaby.

Boo hoo his shoulder hurts a little bit.

[Jim]

An accident is just that. What the old fart did was an assault on an 8 year old kid. Sue his pants off.

[Sigh]

I don't know. If the kid was skiing recklessly (big 'if' here), and (if) his parents were aware of it (and thus are lying), then I think his parents would bear some of the responsibility for the injuries.

I have been hit by a reckless skier, and it sucks. Didn't sue, but I wasn't terribly injured, although my glove was cut open by his ski, and ruined. I was glad my hand wasn't cut open too.

[hopeinblack]

The article said he works for Reader's Digest. Is that not a Christian based little magazine. I remember my Grandmother reading those, they have references to scripture in them. Yes!!! I bet he has a "Not Of This World" sticker on his car too!

[buddy]

they make asshole in the 7 year old variety. that kids parents are responsible for his actions. if you had some little punk bash into you and it ended up costing you $50k + time + pain wouldnt you ask for $75k?

I see a lot of ageism from the obscure bores this morning.

[Keith]

Easy solution: Have the old man charged with assault for grabbing the kid.

"Oh...ahhh....lawsuit? Umm... lets just drop that, k?"

[sometimesilie]

can we PLEASE get an intelligent, clever Troll?

The obnoxious stupidity of so many of the posters in this thread is appalling. Guess they all hate their grandpas.

Oh, my perfect little boy would never do anything wrong!!!

[Cherie]

what a curmudgeny old fart

So, if some careless idiot caused you thousands of dollars in medical bills and weeks of pain, you'd just say, hey, no problem?

Gimme a break!!!

[Phranqlin]

Ageism? What a crock. It's the guy's lawsuit-happy, lame-ass douchebaggery that I despise, not his age.

>>Ageism? What a crock

Oh yeah?

" old man "
"you don't get to be old by being a fool"
"old fart"

And the asshole called Phranqlin also calls him lawsuit happy. Where's the evidence of that? Are you saying that anyone who files even one lawsuit is lawsuit happy?

What an idiot you are.

[wish i was dancing]

Which skier was the uphill skier? The kid or the adult? Didn't the story say the uphill skier had the responsibility?

... and this is why i'll never ski...

[Wolf]

re: intelligent trolls:

There's an old adage that begins "Never try to teach a pig to sing..."

WIWD: The uphill skier is the one in back. The downhill person would be leading the uphill one.

[buddy]

reading all this has caused me pain. lets all sue jim for posting this story ;)

j/k JR!

[Nicole]

Sounds like someone didn't save enough for retirement. Fishy that he said he would sue right after the "crash".

Oddly enough, I had a torn ligament once in my foot and it didn't cost $75,000 in medical bills or lost time at work. Was it inconvenient? Yes. Did it happen while playing sports? Yes. D@mn! Someone's insurance could have paid my college tuition!

This guys sounds like an @sshorn and people like him are causing our insurance premiums to skyrocket.

Nicole, you heartless bitch. The guy was hurt and at his age, recovering from an injury can be slower and more painful than it is for a younger person. And a rotator cuff repair is no joke. Physical therapy can take months, and there will a lifetime of residual pain.

[lester]

a couple of years ago, a friend of mine was skiing with his kids. a novice, out of control snowboarder cut him off. to avoid colision, he skiied off trail, and hit a fencepost. the poor kid spent two months in the hospital with a broken pelvis. don't even think the snowboarder realized what happened.

this situation seems to be hard to tell. it was on a cat trail, so it shouldn't have been too steep. my big question is why is the old guy turning? that's not something that you do very often on a cat trail. also, in those circumstances, the kid can probably ski in control at speeds the old guy would consider reckless. the lines about the old guy threatening to sue on the slope sounds made up to me--i think the dad just made them up to make the old guy sound worse.

i'm guessing the old guy doesn't have insurance, otherwise it would be the insurance co. that would sue the kid. and what does he do at the Digest that he can't because his shoulder was hurt?

Dec, it would not be the guy's insurance company that sued. The injured party would sue regardless of whether or not he had insurance.

>>and what does he do at the Digest that he can't because his shoulder was hurt?

Obviously you've never had a torn rotator cuff or you wouldn't ask such a stupid question.

[sometimesilie]

There's an old adage that begins "Never try to teach a pig to sing..."
---
LOL wolf. Not a sincere wish, just a swipe at the anonymous KIA assbag(s) whose condescending attitude seem to indicate that they are above-it-all, yet whose posts and grammar are dull, bor(e)-ing and un(incite)ful. A pot calling a kettle black, yet too dim to see it's so.

[sometimesilie]

And a rotator cuff repair is no joke. Physical therapy can take months, and there will a lifetime of residual pain.
---

speaking of that, I had one done when I was uninsured and didn't have the $150 a pop for the recommended 3x a week therapy and I turned out...just fine. But my guess is that anon. is an orthopedist and could prove otherwise, if (s)he wasn't so busy proving how monumentally stupid is anyone who posts on this board.

[ol'dog]

Works for RD. Skiing in Vail, has good insurance more than likely. Let the insurance companies figure it out. 25k for pain and suffering? If you want to play, expect to pay! I've had 4 major shoulder surgeries. Suck it up and move on.

>>if (s)he wasn't so busy proving how monumentally stupid is anyone who posts on this board.

Not anyone, but certainly you. Rotator cuff tears come in varying degrees. Obviously yours was a surface tear and was probably corrected with a simple arthroscopic procedure. You're lucky you got by without therapy.

Complete tears that require reattachment to the bone are another ballgame altogether.

[lester]

um, actually, i have. didn't keep me from working, though.

BTW, just how can grammar be dull? Perhaps you should consult your dictionary for a definition of that word.

um, actually, i have. didn't keep me from working, though

Well, wouldn't it depend on the nature of your job?

What offends me as a troll is the superior attitude and obnoxious lack of empathy shown here and in so many of the other threads by so many of the obscure bores. If you wonder why the world is so fucked up, just read the posts here and you'll see why.

[Nicole]

Sticks and stones. Give me a break, anonymous. Maybe I should sue for defamation of character. Hope you have insurance for that.

[Cherie AKA Dr. Phil]

Dr. Anon...you seem to be the only troll in this thread. You also seem to need some therapy for your obvious anger and resentment issues. Must've been a rough childhood.
I welcome your retort...because anyone with 1/2 a sane mind can see that this old man is an asshat for sueing the family of the kid. Sometimes things can be taken care of in a friendly fashion without the need for a court room, lawyers and a judge. What an astronomical waste of everyones time, energy and money.
Thank you...I'll be here all week.
And Dr. Anon...how's your attitude working for you so far.
Enjoy the day...
Dr. Phil.

[sometimesilie]

If you wonder why the world is so fucked up, just read the posts here and you'll see why.
---

yup, on my way home tonight I'm going to stop and pillage a village but only AFTER I rob and old lady and do other things to inconsiderate to print.

Someone who equates message board posters with the "world is so fucked up" must have had a very short marriage to reality.
--

BTW, just how can grammar be dull? Perhaps you should consult your dictionary for a definition of that word.

Posted by: | Dec 21, 2007 9:36:35 AM

Exhibit A.

Consult my dictionary. Wow. Where'd you come up with that zinger, lamewad school? (parody of you, anon.)

[sometimesilie]

you're stupid!

you're stupid!

[Nicole]

LOL

[JillyBean2024]

Alright anonymous troll - the article clearly stated that the old geezer considered himself a strong skier - obviously he thinks himself to be in good shape and able to ski on what sounds like a less than hazardous slope. I assume he has insurance that will cover his injuries and any resulting therapy, etc. Suing an 8 year old because of an ACCIDENT in which he ended up assaulting the boy causes me great concern. And your "expertise" regarding this man's injury seems to be based solely on your own ignorant desire to make yourself appear better than everyone else here (at which you fail). Please tell me what inside knowledge you have of this man's injuries, subsequent surgery, treatment and physical therapy. My mother recently fell at work and broke her hip - her first concern was when she would be ready to go back to work, not how much she could sue her employer for - unlike the man in this story who was probably just waiting for something like that to happen so he could sue whoever ran into him.

[lester]

"Well, wouldn't it depend on the nature of your job?" Well, duh, that's why i asked.

the question that needs to be answered is if the kid was being reckless. i would tend to say no, but then again, i wasn't there. i also know it would be hard for the victim to see that, too--since the kid was uphill and behind him. and as i said, what might appear reckless to the old man may be in control for the kid. i'm an expert on the slopes, and often find myself having to dodge unpredictiple downslope skiiers of all ages. haven't hit one yet, but one of these days i might.

what i would guess happened is that the kid was skiing faster, and ahead of his parents. the victim was going slower, and probably in the middle of the catwalk. it would be unusual for him to make a sharp turn going uphill, but not totally unexpected. if the kid was passing him on the uphill side--which it seems like he was--he was doing the right thing.

ultimately, the kid is at fault because he was the uphill skiier. the victim also probably has a bit to blame for turning uphill, but that's easily arguable. however, skiing is a inherently risky sport, and if the kid wasn't being reckless, then this kind of injury can be occasionally expected. the guy could just have easily torn his cuff if he fell by himself. the other skiier was one of many obsticles that the victim was expected to know about. hence the question of whether the kid was reckless or not.

the mitigaing factor is the catwalk--that's not a slope. it's not unreasonable for the kid to assume the old man was not turning, especially if he hadn't seen him turn. and the definition of reckless is lower on a catwalk.

i would bet that there was a bit of conversation between the dad and the victim before the lawsuit was filed.

Anon,
All four were major surgeries that required alot of rehab, as in completely torn off front and top and the the long head of the biceps being located in a lower spot. And yes each one kept me from working for at least 6 months. Do you have any other questions or comments? And I also believe that you let the insurance companies battle it out. If one company tries to be a jerk, then you go after them and not expose the 7 year old to a bunch of vultures pretending to be responsible lawyers. Responsible lawyer. is that an oximoron??

[ol'dog]

The above post was mine. sorry about the anon part.

[cheesuschrist]

It's obvious no one knows the law here. You are responsible if you hurt or injure someone on the ski slope by running into them. The parents let their kid ski like a maniac out of control and this is what happens. Whatever we think of the old man, the kid is responsible and since he is 7 so is his parents. You have to be in control when skiing and if you run into or injure someone you are responsible for their medical bills like it or not. The judge will in no way throw this out. The mom shows her ignorance of physics, objects fall at the same rate of speed regardless of their mass. Gallileo proved this, so he definitly could not be too slow just because he is small. I have seen little kids on the slope younger than this kid and they can go very fast.