7 yrld sued because of ski accident
- Thread starter NS_back_stabber
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Hugh_Conway_jr
Member
thats crazy. some thing is wrong with people today. I guess that the lesson we all learned today is .. if you hit some one, don't bother stopping ... be sure that the fucker is good and down, and head for the car, or change your coat.
Santa-Cruz
Active member
finally get to say this
repost
but its fucked either way
repost
but its fucked either way
appleguru
Member
Wow. Absolute idiot parents for settling though; the correct response is a countersuit for *intentionally* physically and mentally harming their child (Physical harm due to pulling the child back down; mental for dragging a 7 year old through a frivolous lawsuit)
Not to mention this is pretty much a he-said-she said case. No jury and judge would ever convict a 7 year old for accidentally skiing over someone's skis and making them fall over.
Not to mention this is pretty much a he-said-she said case. No jury and judge would ever convict a 7 year old for accidentally skiing over someone's skis and making them fall over.
Hugh_Conway_jr
Member
so true. most people are afraid of the words 'law suit', and few have the finical means to participate in the legal system. that's why I prefer the illegal system, email spamming and tire slashing would be my means of settlement.
appleguru
Member
Has nothing to do with the police.. the man filed the lawsuit and hired the police to serve the court summons. You can sue anyone for anything and hire the police to deliver the summons... They charge a nominal fee. Works well as a scare tactic if someone owes you money or something and you take them to small claims court 
Doesn't mean you're going to win though!
Doesn't mean you're going to win though!
Valind
Active member
The story from a local news agency.
EAGLE COUNTY – An 8-year-old in Vail is doing something most people never have to worry about. He's getting ready for a civil law suit against him.Scott Swimm and is family live near Vail so his dad Rob says skiing has become a way of life."One of my favorite things to do in the world is take my two boys skiing," said Rob Swimm.Then back in January while skiing together at the Arrowhead Ski Area near Vail, Rob says that way of life changed."Scott's going to have to be in court and he's going to have to be deposed by lawyers," said Swimm.It all started when Scott collided with another skier, 60-year-old Pennsylvania
resident David Pfahler, who's now suing both Scott and his dad in District Court for $75,000 for a torn tendon, lost vacation time and medical expenses."It was a minor accident that happened on the slopes where Scott skied over the front of this gentleman's skies, he fell back and seems to have injured himself so bad that he needs to sue my now 8-year-old son, (who was) 7 when this happened, for $75,000," said Swimm.Scott's dad says he saw the accident and says Scott was the uphill skier coming down a catwalk when he tried to pass Pfahler. He says that's when the older man turned and stopped in front of his son.Pfahler's Denver based attorney Jim Chalat, won't discuss the lawsuit or what happened, but does say his law firm often deals with ski-injury cases like this, and that according to the skier safer act, uphill skiers, like Scott, are responsible in accidents."In regard to collisions, it says the overtaking or uphill skier has the primary duty to avoid a collision," said Chalat.As for suing an 8-year-old child, Chalat says that a minor being taken court is not that unusual."In this case there's some controversy because a child is involved, but in fact this is nothing new. From a technical standpoint, it's no different than if your 16-year-old is involved in a moderate accident," said Chalat.Scott's dad disagrees."I think it's shocking that a 7-year-old is being put through what he's being put through," said Swimm.He says like most kids his son knew nothing of the legal system, but is now learning about it first hand."Scott didn't know what the word 'sue' meant," said Swimm.The Swimms and Pfahlers will first meet in court in Denver on January 7 for their depositions.Despite what Pfahler's attorney says, Colorado law states you cannot sue a minor, so the court could dismiss the portion of the suit filed against the boy.
EAGLE COUNTY – An 8-year-old in Vail is doing something most people never have to worry about. He's getting ready for a civil law suit against him.Scott Swimm and is family live near Vail so his dad Rob says skiing has become a way of life."One of my favorite things to do in the world is take my two boys skiing," said Rob Swimm.Then back in January while skiing together at the Arrowhead Ski Area near Vail, Rob says that way of life changed."Scott's going to have to be in court and he's going to have to be deposed by lawyers," said Swimm.It all started when Scott collided with another skier, 60-year-old Pennsylvania
resident David Pfahler, who's now suing both Scott and his dad in District Court for $75,000 for a torn tendon, lost vacation time and medical expenses."It was a minor accident that happened on the slopes where Scott skied over the front of this gentleman's skies, he fell back and seems to have injured himself so bad that he needs to sue my now 8-year-old son, (who was) 7 when this happened, for $75,000," said Swimm.Scott's dad says he saw the accident and says Scott was the uphill skier coming down a catwalk when he tried to pass Pfahler. He says that's when the older man turned and stopped in front of his son.Pfahler's Denver based attorney Jim Chalat, won't discuss the lawsuit or what happened, but does say his law firm often deals with ski-injury cases like this, and that according to the skier safer act, uphill skiers, like Scott, are responsible in accidents."In regard to collisions, it says the overtaking or uphill skier has the primary duty to avoid a collision," said Chalat.As for suing an 8-year-old child, Chalat says that a minor being taken court is not that unusual."In this case there's some controversy because a child is involved, but in fact this is nothing new. From a technical standpoint, it's no different than if your 16-year-old is involved in a moderate accident," said Chalat.Scott's dad disagrees."I think it's shocking that a 7-year-old is being put through what he's being put through," said Swimm.He says like most kids his son knew nothing of the legal system, but is now learning about it first hand."Scott didn't know what the word 'sue' meant," said Swimm.The Swimms and Pfahlers will first meet in court in Denver on January 7 for their depositions.Despite what Pfahler's attorney says, Colorado law states you cannot sue a minor, so the court could dismiss the portion of the suit filed against the boy.
appleguru
Member
Right.. and I still don't see any justification from this incident that demonstrates that the Vail Police acted in any wrongful manner. (Or in any manner that would require them to "get off their high horse")
By no means am I defending the Vail police, just pointing out that you are using this unrelated topic to seemingly taking a cheap shot at them due to other issues you may have with them.
By no means am I defending the Vail police, just pointing out that you are using this unrelated topic to seemingly taking a cheap shot at them due to other issues you may have with them.
A.Eberhard
Active member
Totally unnecessary to sue a 7 year old.Isn't it a ski at your own risk kind of thing. If you read the back of the lift ticket's it will say skiing ..... all that jazz about how you are responsible for yourself and there is risks involve. Whatever I don't understand in the US every time something happens it's always ends up "I'm suing you."Can't everyone be chill? Accidents happen it's a fact of life.
appleguru
Member
Actually this has quite a bit to do with capitalism. Not that I have a better system to replace it, but a society that is based on the premise of making as much money as possible certainly gives incentives to sue everybody for everything.
In a *ideal* socialist society where everyone was on equal financial and social benefit footing, the desire to file frivolous lawsuits would be gone, as there wouldn't be anything gained by them.
In a *ideal* socialist society where everyone was on equal financial and social benefit footing, the desire to file frivolous lawsuits would be gone, as there wouldn't be anything gained by them.
pomme-de-terre
Active member
this is fucked up. i hate fucking lawyers so much.
why cant people just enjoy their lives without being huge assholes? seriously?
if that was my 7-year old kid, i would burn that dicks house down.
why cant people just enjoy their lives without being huge assholes? seriously?
if that was my 7-year old kid, i would burn that dicks house down.
Valind
Active member
Always stay in control, and be able to stop or avoid other people or objects.People ahead of you have the right of way. It is your responsibility to avoid them.You must not stop where you obstruct a trail, or are not visible from above.Whenever starting downhill or merging into a trail, look uphill and yield to others.Always use devices to help prevent runaway equipment.Observe all posted signs and warnings. Keep off closed trails and out of closed areas.Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.[/list]
appleguru
Member
Thanks for clarifying; if they did in fact go out of their way to taunt and intimidate him, then indeed they are in the wrong. No real way to know if that's what happened or if they just showed up and served the summons and it was their mere presence that was intimidating (I know I'd certainly be intimidated if a cop showed up to serve me a summons when I was 7...).
appleguru
Member
While "capitalism" has many definitions, in the most general of terms it means nothing more than goods and services exchanged for money.
In that sense, every modern nation is "capitalist".
We like to throw around buzzwords that don't quite mean what we think they do a lot... this leads to them taking on different meanings in popular lexicon (as was the case when I referred to "capitalism" before). Example: We often refer to the United States as a "Capitalist" society based on "Democratic" values. While the United States is indeed a capitalist society, it is not a Democracy. It is in fact a Representative Republic.. though I can't say I hear that being referenced all that often.
When I mentioned "capitalism" before, I really meant something more along the lines of "Consumerism." Or more accurately, I meant the self-interest based capitalism as defined by Adam Smith in "The Wealth of Nations." You are indeed correct though, this suit was based in greed, pure and simple. And unfortunately, as self-interested beings on a whole, human nature is rooted in greed.
In that sense, every modern nation is "capitalist".
We like to throw around buzzwords that don't quite mean what we think they do a lot... this leads to them taking on different meanings in popular lexicon (as was the case when I referred to "capitalism" before). Example: We often refer to the United States as a "Capitalist" society based on "Democratic" values. While the United States is indeed a capitalist society, it is not a Democracy. It is in fact a Representative Republic.. though I can't say I hear that being referenced all that often.
When I mentioned "capitalism" before, I really meant something more along the lines of "Consumerism." Or more accurately, I meant the self-interest based capitalism as defined by Adam Smith in "The Wealth of Nations." You are indeed correct though, this suit was based in greed, pure and simple. And unfortunately, as self-interested beings on a whole, human nature is rooted in greed.
appleguru
Member
I can never find what I'm looking for on LexisNexis :-/ (Though admittedly, my school doesn't subscribe to everything they have... I wish I was a LEO sometimes though, so I could pull license plate info and things like that 
)
Anyways, the case number is 07-cv-01885-MJW-KLM. It was filed in US District Court (District of Colorado).
Original Patrol Report here:http://www.onpointnews.com/docs/pfahler3.pdf
Original complaint here:http://www.onpointnews.com/docs/pfahler.pdf
Response here:http://www.onpointnews.com/docs/pfahler1.pdf
Gag order request here:http://www.onpointnews.com/docs/pfahler2.pdf
Denial of Gag order here:http://www.onpointnews.com/docs/pfahler4.pdf
)Anyways, the case number is 07-cv-01885-MJW-KLM. It was filed in US District Court (District of Colorado).
Original Patrol Report here:http://www.onpointnews.com/docs/pfahler3.pdf
Original complaint here:http://www.onpointnews.com/docs/pfahler.pdf
Response here:http://www.onpointnews.com/docs/pfahler1.pdf
Gag order request here:http://www.onpointnews.com/docs/pfahler2.pdf
Denial of Gag order here:http://www.onpointnews.com/docs/pfahler4.pdf
prontocuts.com
Active member
Dictionaries are a thing of beauty as well. Maybe next time you should use one before you make yourself look like an idiot.
People are fucked up these days. That's why it's hard to build a skatepark these days. Or have a terrain park.
Everybody sues everyone. Somebody should find this dude and beat the shit out of him. No respect for people that are that lazy that they just sue everyone to get by
Everybody sues everyone. Somebody should find this dude and beat the shit out of him. No respect for people that are that lazy that they just sue everyone to get by
ChrisSkisChronic
Active member
In the original thread(s) on this someone posted Pfahler's phone number. He must have received an awful lot of hate, because he changed it within the week
justinTpetricko
Member
fuck yuppies
Commonwealth
Active member
Beat me to it..
TheButterHashira
Active member
The assholes lawyer
James H. Chalat
James H. Chalat
Partner
Location:
Denver, Colorado
Phone:
(303) 502-5007
(866) 701-7292
Fax:
(303) 861-0506
E-mail:
E-mail Me
You guys know what to do.
On a more serious note though this guy and the old fucker suing are out of their minds. If you are old as shit you need to be weary of going skiing. I hate seeing shit like this, especially put on children. These type things destroy people for the rest of their lives.
James H. Chalat
James H. Chalat
Partner
Location:
Denver, Colorado
Phone:
(303) 502-5007
(866) 701-7292
Fax:
(303) 861-0506
E-mail:
E-mail Me
You guys know what to do.
On a more serious note though this guy and the old fucker suing are out of their minds. If you are old as shit you need to be weary of going skiing. I hate seeing shit like this, especially put on children. These type things destroy people for the rest of their lives.
