Lawsuit of the Day: The Old Man and the Skis
The late Pope John Paul II was an expert skier. Even after he became Pope, and into his 60’s, the Holy Father would slip away from the Vatican for secret ski trips.
So, although we’d like them removed from all interstate highways, we have no problem with oldies on the slopes. This, however, is more troubling:
A 60-year-old man is taking an 8-year-old boy and his dad to court, claiming the boy caused a ski-slope collision that left the older man with a shoulder injury. David J. Pfahler of Allentown, Pa., sued in federal court in Denver, claiming Scott Swimm, then 7, was skiing fast and recklessly when they collided in January, the Vail Daily reported Thursday.
Looks like Pfahler is making a federal case of it (literally). He claims — quite conveniently, for diversity jurisdiction purposes — losses in excess of $75,000.
Scott’s father, Robb Swimm, said that 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.
Scott: How much do you have in your piggy bank? Pfahler is nearing retirement age — and Social Security doesn’t cover many ski trips.
Man, 60, sues boy, 8, over ski collision [Associated Press]
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Comments
I clerk for the FIRST Cirkit
Attending Loyola is much like skiing.
The exhiliration of taking classes, learning the law, taking exams, pretending to be a lawyer - it's breathtaking. Until . . . you realize this whole time you've building up debt like a skier gains gravity momentum, and you're about to hit a wall known as graduation, and poverty.
If I recall tort classes correctly, for negligence purposes, the kid's actions would be judged by the standard of a reasonable 8-yr-old.
Good luck, old man.
Though maybe the 8-yr-old's a living terror and the guy wants the parents' insurance money. The idea of "suing a child" sounds bad, but it's not as if the kid will suffer any consequences.
A reasonable 8-yr-old would have shoved the litigious old man off the nearest cliff
Old People vs. Kids is the new Ninjas vs. Pirates.
what lawyer would take this case? hope he's hourly and not on contingency
The only way the old man can win is to show that the parents knew their child had a propensity for reckless skiing and did nothing about it, right?
kids in my high school used to ski over old farts old the time. it was no big deal.
Kind of hard to sue the pants off an 8 year old kid with no assets.
I think the fact the guy grabbed him and said he was going to sue makes this guy a fraud. Last time I saw a ninja get hit by a 7 year old pirate he asked for a doctor not a lawyer.
Why no negligent supervision?
I crush shoulder pain with jaeger bombs. http://www.youtube.com/watch?v=4JMOh-cul6M
That would be piggy BANK
"That would be piggy BANK"
Right, not piggy BACK, you got BACK, or bare-BACK
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[Bridge- 50 Cent]
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Got a hundred guns, a hundred clips, why I don't hear no shots
That fat nigga thought Lean Back was "In Da Club"
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Cause I'll do your lil ass like Jay did Mobb Deep
Yeah homie, in New York, niggas like your vocals
But thats only New York dawg, your ass is local
[Chorus x2- 50 Cent]
Clickity clank clickity clank
The money goes into my piggy bank
[Bridge- 50 Cent]
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Looked at a picture and said she looks like me
Kelis said her milkshake brings all the boys to the yard
Then Nas went and tattooed the bitch on his arm
I mean that way out in Cali, niggas know these guns
First thing they say about you, is you a sucker for love
This is chess, not checkers, these are warning shots
After your next move I'll give you what I got
[Chorus x2- 50 Cent]
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The money goes into my piggy bank
[Bridge- 50 Cent]
Yeah yeah, get more money, more money
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[Bridge- 50 Cent]
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I'll get atcha, you'll get your ass killed
[Outro- 50 Cent]
Yeah
Yeah
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Hahahaha
I know you ain't gon' just let 50 do you like that
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Hahahaha
http://www.seeklyrics.com/lyrics/50-Cent/Piggy-Bank.html
I'm offended by your use of vile slang and racist epithets.
http://www.youtube.com/watch?v=0pZ1hN88ECw
Old man = ninja
7 year old = pirate
pirate > ninja
Look at the picture of the old man skiing in the inset. He clearly has skills. You're telling me that he couldn't have avoided the oncoming seven year old? Give me a break.
That Putney kid was a brat. We sued the shit out of him.
Recognizing this is not particularly serious a site, I nevertheless offer this.
1. This is ludicrous, and I have seen a lot as a litigator.
2. According to the article I read, the old man works for Reader's Digest, which publishes a column entitled "That's Outrageous."
3. You can email Reader's Digest, as I did, to nominate this bozo for an article in his own magazine:
outrageous@rd.com
I was actually inclined to side with the injured skier until I read the details of the story...
1) Kid is local. Vail kids know how to ski and ski well and in control. Not that there aren't local punk kids, but those kids tend to be teenagers AND tend to be skiing without adults...
2) Parents, who also live in the Vail Valley, were skiing with the kid. It's a small enough town out there that people would notice and talk about locals who were letting their kids be terrors on the mountain. Not likely the parents would let that happen...
3) It happened on a catwalk in Arrowhead (Beaver Creek). Most of the catwalks that I can think of in Arrowhead it would be hard to get going too fast on... Maybe I'm forgetting a few places...
4) In really bad cases, the police bring charges against the skier and/or parents. And the mountain revokes the passes of anyone involved in an incident. I didn't see anything about passes getting pulled - which means that the ski patrol didn't see this as anything more than what this was - an accident.
Oddly enough, I am on vacation right now at the Vail Cascade Hotel. I met Mr. Swimm, who works here as a bellhop, and he told me all about this story. Although I'm only a 3L and couldn't really render legal advice, it seems pretty much that the guy suing is a dick who is just money hungry.
What a small world.
what kind of local skis arrowhead?
Here's his counseler's info (according to Rocky Mountain News) if anyone is interested in sending a love note.... Remember - there aren't bullshit lawsuits without asshole attorneys.
http://www.chalathatten.com/Bio/JamesChalat.asp
You are all ignorant . . . or just not trial lawyers. Go back to pushing papers. Next time, when you're injured, we'll see how you react . . . and you'll remember this old man and his shoulder injury. Then you'll say, oh, I get it.
9:27, I (6:31pm) am a trial lawyer with a number of solo jury trials to my credit. But I also ski, as do my 70 yr old parents and my very young kids. This is frigging ridiculous. Frivolous does not begin to describe it.
the attorney in this matter, Jim Chalat, specializes in suing ski areas and skiers. He likes to hold himself up as standing up for the little guy, etc etc. The guy is a sorry excuse for a lawyer who doesnt understand 'assumption of risk'
At what age in CO can a child even be legally capable of negligence? In my state, a child under 8 cannot legally be negligent, period.