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Old 12-26-2007, 09:06 AM   #1
piemaker720
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Boy, 8, sued in ski crash

http://www.rockymountainnews.com/new...ski-collision/


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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.

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.

They are talking on the news that Pfahler is recieving harassing calls for trying to sue an eight year old. Some are even calling his job wanting him fired.
I think it is rediculoius to add nursing expense provided by his wife.
What it it coming too, I just don't know.
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Old 12-26-2007, 10:07 AM   #2
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Ha! The guy wants to be an @$$? Scott's father should counter-sue for grabbing his kid's leg while he was trying to ski away. That suit won't fly.
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Old 12-26-2007, 10:19 AM   #3
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I don't get why this is a problem or even news. If anyone of any age behaves in a reckless manner and causes injury to someone they are liable. If my kid accidentally hit a ball through your window you would expect me to pay for it, wouldn't you?
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Old 12-26-2007, 11:02 AM   #4
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Quote:
Originally Posted by joepole View Post
I don't get why this is a problem or even news. If anyone of any age behaves in a reckless manner and causes injury to someone they are liable. If my kid accidentally hit a ball through your window you would expect me to pay for it, wouldn't you?
Perhaps, but I'm not going to run out there and ring the kid's neck while threatening to sue. Besides, it was an accident. We're all capable of those, regardless of age. You just can't hold a child, particularly one that young, responsible for his/her behavior as if they were an adult.

Aside from that, the kid wasn't rude about it. It was an accident and he stood up and apologized. Injured or not, that would've been enough for me.
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Old 12-27-2007, 11:03 AM   #5
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>You just can't hold a child, particularly one that young, responsible for his/her behavior as if they were an adult.

Right, you hold his parents responsible. Isn't that what the guy is doing?

>Aside from that, the kid wasn't rude about it. It was an accident and he stood up and apologized. Injured or not, that would've been enough for me.

If a kid accidentally caused $75,000 worth of damage to you and your property you'd be content with an apology?
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Old 12-27-2007, 11:26 AM   #6
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Quote:
Originally Posted by joepole View Post
>You just can't hold a child, particularly one that young, responsible for his/her behavior as if they were an adult.

Right, you hold his parents responsible. Isn't that what the guy is doing?

>Aside from that, the kid wasn't rude about it. It was an accident and he stood up and apologized. Injured or not, that would've been enough for me.

If a kid accidentally caused $75,000 worth of damage to you and your property you'd be content with an apology?

would seem to me the other question.. is they were all Skiing correct ? isn't there a certain amount of risk accepted there ?

You go skiing on a busy slope, you may crash into someone, or you may crash into a tree. and apparently they ran into each other. Maybe the old guy was standing around in the way ? just sayin'
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Old 12-27-2007, 11:49 AM   #7
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Quote:
Originally Posted by joepole View Post
I don't get why this is a problem or even news. If anyone of any age behaves in a reckless manner and causes injury to someone they are liable...
I agree. The 60 year old behaved in a reckless manner by getting onto a dangerous ski slope with kids who are a hazzard. He should be liable for injuring himself instead of staying home and drinking metamucil....THEN if the kid came flying in through his window like a baseball, then the kid would be liable...
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Old 12-27-2007, 01:47 PM   #8
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Quote:
Originally Posted by joepole View Post
If a kid accidentally caused $75,000 worth of damage to you and your property you'd be content with an apology?
Part of that $75,000 worth of damage you are talking about is his wife taking care of him. She married him, why should someone else pay for her to take care of her own husband.
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