Dec 27, 2007 6:57 am US/Mountain
Mother Of 8-Year-Old Upset By Skiing Lawsuit
VAIL, Colo. (CBS4) ―
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Scott Swimm, 8, ran into a skier at Arrowhead last January. His mother says that David Pfahler, 60, stopped in the middle of a catwalk, causing her son to run into him.
CBS
The mother of an 8-year-old who is being sued after colliding with another skier on the slopes says she doesn't want this to happen to any other child or parent. Susan Swimm will push to make the laws more definitive when it comes to Colorado's ski industry, so that children won't be susceptible to lawsuits every time they have an accident.
Her son, Scott, ran into a skier at Arrowhead last January She says that David Pfahler, 60, stopped in the middle of a catwalk, causing her son to run into him. Swimm says Scott has been skiing since he was 2, and that he's had years of lessons with Vail Resorts, noting that he is a responsible skier. At the time, Scott was 48 pounds, 7-years-old, and in second grade, says Swimm.
In the lawsuit, Pfahler says that Scott was "...skiing at a slow pace ahead of the defendant, Mr. Pfahler was plainly and readily visible...Swimm was skiing negligently and recklessly, at a high rate of speed. He collided into Mr. Pfahler causing him to be injured...the collision caused Mr. Pfahler to suffer a massive anterior rotator cuff tear....he has had to engage in an extensive and continuous course of physical theraphy...Mr. Pfahler may sustain permanent disability, impairment, and disfigurement and heightened risks of arthritic changes in his shoulder."
"Where does it end," said Swimm. "Is this the message we want to send to parents...to our kids? It's wrong!"
Scott told CBS4 that when the two of them were on the ground, he tried to get up and apologize to the man. He says he held him down and swore at him, calling him a "F...ing piece of S..t."
Scott says Pfahler also told the boy he was going to sue Scott's family at that time. Although the collision happened on Jan. 12, 2007, Scott wasn't served until Oct. 18. Since Scott is a minor, his father is also named in the civil suit. Their first court appearance is on Jan. 7th, 2008 in Eagle County.
Susan Swimm says that hundreds of thousands of families take their kids skiing each and every year. She fears that the message this lawsuit is sending, is that kids and their parents can be sued for any minor accident, and in some cases, as their children are learning to ski or snowboard.
Swimm says this should be an enjoyable form of exercise in one of the most beautiful places in the world, and that families shouldn't have to be in fear when they are on the slopes. She says skiing and boarding are high risk sports, and that everyone needs to take responsibility for themselves while they are on the slopes.
The Colorado Skier Safety Act has too many gray areas, says Swimm, and she wants people to know that it does not mean you have immunity when you are on the slopes. She wants to do what she can to try and make the laws more definitive so that children and parents will have more protection in the future; children shouldn't be held to the same standards as adults, she says.
Pfahler is suing for $75,000, citing in the suit a long list of medical expenses that he has had to pay for because of this collision. Scott will not ski anymore at Beaver Creek or Arrowhead, a family ski area, after the incident. He didn't want to say much, but did say this has just been extremely stressful.
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