VAIL — A 60-year-old man is taking an 8-year-old boy and his dad to court, claiming the third-grader caused a ski-slope collision that left the older man with a shoulder injury.
David J. Pfahler of Allentown, Pa., filed suit in Denver federal court claiming Scott Swimm, of Vail, then 7, was skiing fast and recklessly when they ran into each other in January. Pfahler's suit says he suffered a torn shoulder tendon.
The boy told Pfahler he was sorry and started to ski away when the man grabbed Scott’s legs, cursed at him and said he would sue, Robb Swimm told The Aspen Times.
“I was really scared,” Scott said to the Times.
Scott's father, Robb Swimm, said he saw the crash and that Scott was skiing slowly and in control.
"It wasn't a violent collision or anything, Scott just kind of tapped his ski boots," he said this week.
Scott's mother, Susan Swimm, said her son weighs 48 pounds and couldn't have been going more than 10 mph.
"Who in the world sues a child?" she said. "It just boggles my mind every day." Pfahler's Denver attorney, Jim Chalat, declined to comment on the specifics of the case. "It's a private matter between private parties," he said.
Chalat said Pfahler works in publishing for Reader's Digest and wants to go back to work.
The suit seeks compensation for physical therapy, vacation time, nursing and medical services provided by Pfahler's wife and other expenses. It estimates the couple's losses at more than $75,000.
Clare Huntington, an associate professor at the University of Colorado School of Law, said Scott will likely be dismissed as a defendant under laws that allow parents to be sued but not their minor children.
The boy told Pfahler he was sorry and started to ski away when the man grabbed Scott’s legs, cursed at him and said he would sue, Robb Swimm told The Aspen Times.
I would counter sue for assult and watch the whole thing get thrown out the window.
