Lawyer sues 8 year-old for ski slope mishap

A 60-year old attorney is suing an 8-year old boy after the boy crashed into him at a Colorado ski resort last winter, resulting in an injury to the man’s shoulder.

David Pfahler, who was skiing at Beaver Creek, filed a lawsuit against 8 year-old Scott Swimm for crashing into him, which Pfahler claims caused a shoulder injury.

Pfahler is seeking $75,000 in damages, which will be used to pay for expenses such as physical therapy and missing vacation time. Pfahler is a lawyer who works for Reader’s Digest.

The boy’s father, Robert Swimm, refuted Pfahler’s claim, and insisted that his son was skiing slowly, and was under control.”It wasn’t a violent collision or anything,” the AP quoted Swimm as saying. “Scott just kind of tapped his ski boots.”

Scott’s mother, Susan Swimm claimed that it was most likely impossible for Scott to have caused damage as great as Pfahler had alleged, because her son weighs only 48 pounds, and was going not more than 10 mph.

The Denver Channel reported that after the collision, Scott apologized to Pfahler, but Pfahler grabbed the boy’s leg and cursed at him, saying he would sue.

Bah humbug, what a grinch - and to file right around Christmas too!  It’s difficult to believe that a child caused the inuries that are outlined in the docket from Federal Court below:

 On Friday, January 12, 2007, the plaintiff, David J. Pfahler, and the defendant, Scott Swimm, were both skiing at Beaver Creek Ski Resort in Colorado on a trail named Golden Bear near the base of the mountain.

6. Both Mr. Pfahler and Mr. Scott Swimm were “skiers” pursuant to the Colorado SkiSafety Act. C.R.S. § 33-44-103(8).

7. Mr. Pfahler was skiing at a slow pace ahead (downhill) of the defendant. Mr.Pfahler was plainly and readily visible, maintaining a proper lookout, skiing slowly and in control.

8. Defendant Swimm was skiing negligently and recklessly, at a high rate of speed. He collided into Mr. Pfahler causing him to be injured.

9. The sole proximate cause of the collision was the negligent manner in which the defendant was skiing.”

“The collision caused Mr. Pfahler to suffer a massive anterior rotator cuff tear,requiring right shoulder arthroscopy with subacromial decompression with releaseof coracoacromial ligament, distal clavicle resection and debridement of labraltearing, labral tearing and chondroplasty, and open repair of massive rotator cuff.

18. He has had to engage in an extensive and continuous course of physical therapy.”

Luckily for the boy, it is possible that the suit will be dismissed, as you cannot sue a child in Colorado.