Kid suit sets off storm

Angry calls, e-mail bury Pa. couple in ski collision case

By Sara Burnett, Rocky Mountain News (Contact)

Published December 24, 2007 at 9:41 p.m.
Updated December 25, 2007 at 11:59 a.m.

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The Pennsylvania couple suing an 8-year-old and his father over a January skiing accident have been the victim of "an electronic tar and feathering" since stories about the case began circulating on the Internet, the couple's attorney said Monday.

David Pfahler and his wife, Marlene Ambrogio, have had to leave their Allentown home for the holidays because people who got angry after reading the story tied up the family's phone lines using "robocalling" technology, or repeated, automated calls, attorney Jim Chalat said.

Others have called Reader's Digest, where Pfahler works, and demanded he be fired.

"I've never seen anything like it," said Chalat, whose Denver law firm also has received angry e-mails and calls.

He said the couple are "brokenhearted" by the way they've been portrayed.

"The public's just got this couple all wrong," Chalat said.

Pfahler, a former teacher and basketball coach, and his wife sued 8-year-old Scott Swimm and his father, Robb Swimm, in federal court in September.

The lawsuit claims Scott Swimm ran into Pfahler at "a high rate of speed" while skiing at Beaver Creek in January.

Chalat said Monday it doesn't matter how old a skier is. Under the Colorado Ski Safety Act, children are just as responsible for their actions as adults, and they can be sued, according to case law cited by the lawyer.

"It doesn't matter if you're 8, 18 or 80," he said. "Skiing is not a contact sport."

Pfahler was downhill from Scott Swimm when the boy hit him, according to the lawsuit. The Ski Safety Act states that the uphill skier has the duty to avoid any person in front of him.

Robb Swimm, of Eagle, said his son "tapped" Pfahler's ski boots and added it was not a violent attack.

His wife, Susan Swimm, said Scott couldn't have been traveling faster than 10 mph.

But on Monday, Chalat said the impact was so strong that Pfahler was thrown and landed with his skis in the air.

He was taken to a local hospital, where his shoulder was immobilized. He returned to Pennsylvania, where he underwent surgery for a torn rotator cuff and a procedure to repair part of his clavicle, the lawsuit states. Since then, he has undergone "extensive" physical therapy, according to the lawsuit.

Chalat said Pfahler sent a letter to the Swimm family after he returned home, asking them to help pay his $35,000 of medical bills. He never heard back, Chalat said.

The Swimm family could not be reached Monday afternoon to confirm or deny Chalat's version of events.

In September, Pfahler filed his lawsuit, which seeks compensation for medical bills, time missed at work, lost vacation expenses and other costs.

Last week, in an interview about the case, Susan Swimm said Pfahler's actions boggled her mind.

"Who in the world sues a child?" she asked.

The story was picked up by several national media outlets and blogs, and soon people across the country were weighing in, most of them calling Pfahler and his wife greedy and irrational.

The Associated Press contributed to this report.

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Comments

December 24, 2007

10:07 p.m.

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HollyGoLightly writes:

In an earlier article, it was stated that the kid was skiing recklessly. If the man was hit from behind, how would Mr. Pfahler know if the kid was skiing out of control and reckless?
December 24, 2007

10:23 p.m.

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American100 writes:

The old man AND his wife are still a couple of Asses
December 24, 2007

10:32 p.m.

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TheMountains writes:

Simply put...this guy and his wife ARE greedy. Why would anyone sue an 8 year old? WOW!!!
December 24, 2007

11:13 p.m.

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Jim writes:

I learned to ski as an adult in Colorado. Eight year old brats made me eat snow more than once. So what? I survived and they are funding my social security. Chalat thought he could dime the insurance company for a quiet 250K and return to the swamp. Pafhler should think about taking up lawn bowling or shuffleboard.
December 25, 2007

1:12 a.m.

rydah4lyf writes:

(This comment was removed by the site staff.)
December 25, 2007

5:10 a.m.

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cpeterson writes:

The article forgot the part about suing to pay his WIFE for the care she gave him.

And don't forget that he was so hurt immediately that he quickly got up, grabbed the kid and yelled at him that he was going to sue him.

They are getting what they deserve.

The Denver lawyer Chalat should drop these bums as clients in order to maintain what I assume is a positive reputation outside of representing these scumbags.

They are not welcome in Colorado.
December 25, 2007

6:28 a.m.

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davehughes writes:

Ah, our very own Colorado Ski Slope Scrooge
December 25, 2007

7:10 a.m.

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JPH writes:

Just think about it. Our elected Democrat officials are heavily supported by trial lawyers (John Edwards is one). This lawsuit simply proves that the tort system is totally out of control and the Democrats refuse to repair it.
December 25, 2007

7:35 a.m.

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Bobski writes:

Did you ever stop and think that the old guy probably doesn't have insurance? Why should he have to pay 35k in medical bills because the kid knocked him over? There are so many kids out zooming around, and somebody has to be responsible for them. If you hit a skier downhill from you, you are reckless and out of control. Duh.
In yesterday's article, the Kid's Mom said he couldn't have been going more than 20mph. Today it's less than 10 mph. Step up, mom and dad and pay for the damage your kid caused.
December 25, 2007

8:06 a.m.

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RightBeDone writes:

In all the countries in the world where they have the best tort systems, there is a common theme; universal healthcare. Without the medical expenses involved, most plaintiffs would not be able to afford to go to court. Without the malpractice insurance involved in defending suits, the price of healthcare would drop significantly, and everybody in America would save money (lots of it). It costs 20,000 just to walk into most courtrooms, unless medical expenses are being disputed, most law suits in America, would not be worth enough money to proceed.
December 25, 2007

8:20 a.m.

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szatanek writes:

I hope this man gets EVERY penny that he is suing for. People on the slopes need to be responsible for their actions...regardless of age.
December 25, 2007

8:33 a.m.

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goodjob007 writes:

Go to anywho.com and type in this guy's name and which state he lives in and all the information you need is public. I hope this helps
December 25, 2007

8:43 a.m.

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DenverRes writes:

I've been skiing since I was a small child between my Dad's legs. There are record people up on the slopes every season. You have to be responsible when you are skiing but some times it can be hard to navigate around skiier's (good and bad) and now snowboarders lying around everywhere (good and bad) Sounds to me like a visitor to the mountains and a young child would both fall under the not so good category. The child needs to be responsible but so does the old man. He took the chance of going out on the mountain. What if he had been cut off by someone going to fast who didn't hit him and he fell over. Who's he going to blame then? It happens...to people everyday...a frivilous tort lawsuit is not going to take away the fact that accidents happen. What if the kid slipped on ice and was trying to regain control? There are a thousand accident possibilities and you take that risk every time you suit up to ski.
December 25, 2007

9:47 a.m.

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titancain writes:

Children should never be responsible. If you get shot in the face by a child, it's your own faunlt.
December 25, 2007

10:37 a.m.

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Oh_Wise_One writes:

Now the 60 yr. old is the VICTIM. Gotta luv it. btw, don't come back to Colorado.
December 25, 2007

10:55 a.m.

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Annoyed writes:

Unfortunately the human race has met my expectations again. Whether the child is guilty of causing the injury is up to the courts to decide. If he’s not guilty, the case should be dropped. But if the child did cause the accident by skiing recklessly, then the question is who should pay the $35k++ in medical bills. Why should the victim pay for the reckless actions of an 8 year old and a parent who obviously didn’t teach their children well? Why should the victim’s insurance pay? If the insurance pays, then everyone in the insurance plan pays for the recklessness of another. If the child is guilty of skiing recklessly then the parents of that child should pay the medical bills. Whether the reckless skier is 8 years old or 39 years old makes no difference. Children should not get (and be taught…) that they get a free ride on social responsibility, and their parents should know they ARE responsible for the action of their children and raise them properly.
December 25, 2007

11:30 a.m.

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Doggy writes:

I've heard two sides to the story. Now, if indeed this man suffered 35K in medical bills, then you bet your ass, the kid and his family should pay. Just because the skier had snot running out his nose, does not give him free reign to terrorize other skiers.
December 25, 2007

11:43 a.m.

Suggest removal

saffron writes:

What a loser. And to those who have posted in defense of Pfahler (his last name says it all), get a life and learn how to stay safe on ths slopes in defense of yourself. We can't continue to protect the sheep who plod along at 10 miles an hour, completely oblivious to the skiers flying by them at 35 mph (a perfectly acceptable speed on a groomer).

Chances are good that if you get hit by an uphill skier you have stopped in an area of the slope that is low visibility, such as the bottom of a roller. If you don't get hit in that situation, consider yourself lucky. Look uphill, ski defensively and stop taking your "sheepish" issues into the court system.

Merry Christmas kid. Here's a $250k lawsuit to go with those shiny new ski boots!
December 25, 2007

12:02 p.m.

Suggest removal

seeingeyeseesall writes:

I read in the Vail Daily last week about this "aggressive recreational skier" who is suing an eight year old kid (and his parent's insurance company, of course; if the folks hadn't been responsible and well insured I doubt even the ambulance-chasing-embarrassment-of-lawyer who took the case, would have) because he was tripped up on a Beaver Creek "Green Run" last season.

So Mr. Aggressive Recreational Skier, might I ask what you were doing ON a cat road? Green runs and cat roads are generally where the seven and eight year olds learn how to ski, not places where supposedly mature, experienced enthusiasts such as yourself hang out. That you'd be skiing so poorly that a seven year old would have to pass you tells a great deal about your skills. That you'd sue a kid when you got served in the kid's zone tells the story of your character. Ever read the back of your lift ticket, gaper?

I really hope that I get called to serve on this jury! I'm sure every local in the valley can't wait for your case to reach court!
December 25, 2007

12:16 p.m.

Suggest removal

Dhakala writes:

This is why skiing should be banned, just like smoking. Poor old guys like this are unwillingly exposed to the life-threatening habits of selfish little thrill seekers. If you want to ski, go out back where your reckless behavior doesn't endanger anyone else.
December 25, 2007

12:18 p.m.

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rutledjw writes:

I'm not really buying into the physics of this. An average 8 year old child weighs 50-55 lbs and is between 4-5 feet tall, a pretty low concentration of mass.

I guess I'm having a hard time with: "Chalat said the impact was so strong that Pfahler was thrown and landed with his skis in the air."

So that means he fell over? As far as being thrown, that's patently absurd. Unless this kid was going fast enough to break several of HIS OWN bones (which didn't happen) I think this is pretty much rubbish. Any bets the family being sued is "well off" and these guys are trying to extort money for that reason?
December 25, 2007

1:40 p.m.

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kathyM writes:

If Pfahler thinks he can come out ahead financially with this suit, he's wrong. The insurers are second in line after the attorneys for any money won in a settlement. Although they can file a suit, it wouldn't cost them anything for Pfahler to do it. Then they'll just take their spot at the feed trough and go home fat and happy. And if Pfahler loses, they can file their own suit, and cancel his policy if they like.
December 25, 2007

2:09 p.m.

Suggest removal

ColoNative writes:

So he works at readers digest. Perhaps he should be contacted through them.
December 25, 2007

4:10 p.m.

Suggest removal

granny_gear writes:

He works for Readers' Digest, a major publication, but apparently has no insurance to cover his medical bills? Find that hard to believe.

Plus, its odd that the kid who hit him was apparently not injured. If the 'victim' fell so violently wouldn't the kid had recieved some type of injury as well?

And if this took place in an area where only kids normally go to learn how to ski, would the kid in question even been capable of going say 30-35 miles per hour?
December 25, 2007

4:16 p.m.

Suggest removal

ksells writes:

This stupid old dude has the stupid foolish stupidity to stop and become a target for a child who is out of control? Of course he shouldn't have a legal recourse to pay for the an 8 year old who hurt someone. Let's get real. No parent should be held accountable for what their child does. I mean, can you say that the parents of the Columbine killers should be held accountable? Of course not. Give them a weapon and give them a free pass. Let the victim pay.
December 25, 2007

4:53 p.m.

Suggest removal

tellmenow41 writes:

what a P***Y he deserves every tormenting phone call and e-mail/threat he deserves. What kind of d****bag sues an 8 year old for clipping their ski's. Hope someone lights a bag of dog doo doo on his doorstep.
December 25, 2007

6:11 p.m.

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raoul writes:

what a bunch of arrogant pr#(k skiers most of the above posters are. I'd sue every one of you as&&*les if the facts and law were on my side.
December 25, 2007

7:54 p.m.

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fortyfive writes:

i think this old fart already had injured his shoulder before he went skiing and set up this fake accident to cover his ass for the injury, and some one need to look into his medical records to see. in fact if the kid were skiing uphill then tell me how in the world did he get up that amount of speed to cause this much damage with out getting banged up himself. if two masses run into each other then the larger mass will absorb the inpact then from the speed the two masses will travel in the direction of the faster object the damage will be massive to both and the kid did'nt get hurt... he is looking for someone to pay for an earler injury, besides he were trying to find any thing to happen to get the ball rolling for a lawsuit.........you sorry little p***y
December 25, 2007

8:25 p.m.

Suggest removal

Houstongolfnut writes:

Keep it up kids. This state does not need tourists anyway.
Locals like you guys sound like really big spenders and you can step up and provide all the business that is needed in our ski resorts.
December 25, 2007

8:26 p.m.

Suggest removal

tellmenow41 writes:

This doesn't make any sense the kid was going slow and weighs a fraction of what the older man does. If the older man sustained said injuries, that little kid must've been injured 10 times worse.

AT: raoul
this still doesn't not change the fact that the older skier is a big P***y and is probably trying to score some $$.
December 25, 2007

9:22 p.m.

Suggest removal

PabloT writes:

Mr. Pfahler apparently works at Reader's Digest, a rag whose "That's Outrageous!" column loves to bad-mouth government programs that genuinely try to help individuals and families struggling with financial, health, emotional, health, etc. problems.

This is a great little bit of news that they definitely should cover. Write and/or call to Reader's Digest and urge them to include Mr. Pfahler and his wife as a great example of people trying to bleed the system. Mr. Pfahler --- that's outrageous!!!
December 25, 2007

10:15 p.m.

Suggest removal

traxy01 writes:

You guys are all jerks. You don't even know this guy and you're passing judgement on him and his wife just by reading some stupid article. I'm sorry, but if I had $35,000 in medical bills because of someone else, I'd want to sue somebody too. You all must be really rich and have 35k lying around to be able to handle such circumstances. God help you if you guys get into any accidents. This isn't about the kid's age (although the kids' parents may try to portray it that way) - this is about not being overwhelmed by medical bills and having your savings wiped out because of an accident.
December 25, 2007

10:18 p.m.

Suggest removal

plotz writes:

I wonder how many other lawsuits this guy has filed or attempted to file...I suspect he has a habit of doing this. In a way, this reminds me of an old story I read some years ago. A couple both in their early 20's were dating. She had troubles on the job, depression from cheimo treatments for cancer of the lymph glands. One day she mentions she is thinking of suicide to her boyfriend and he talks her out of it(or so he thought). She tries and fails. Later on..the mother of the young lady finds out and comes armed with a lawyer threatening attempted manslaughter charges to the young man because he did not tell her parents.If he gives up seeing her, no charges to be filed In short, the mother used a lawyer to attempt a breakup..because she did not like her daughter's boyfriend. I bring that up because, I think that Pfahler is using a lawyer armed with a suit to squeeze money out of the family via settlement through traumatizing the little boy. Pfahler and his attorney are bottom feeders, slugs, and closet mafia types (no, I should retract that...mafia types do have some honor).
December 25, 2007

10:29 p.m.

Suggest removal

dwhitehead writes:

I have difficulty with the idea of characterizing an 8-year-old child as "reckless" or "irresponsible" with regard to down-hill skiing. It's a sport which demands a considerable amount of coordination, skill and experience -- none of which an 8-year-old could be expected to have. If the location where the incident occurred is in fact a childrens practice area or "bunny slope", uncoordinated, out-of-control children are the rule, not the exception and are to be expected. Demonizing and blaming a child for having the attributes of a child is ridiculous.
December 25, 2007

10:38 p.m.

Suggest removal

zman writes:

This guy shouldn't sue, just kick the crap out of the brat's father and then break the kid's arms. That'll keep the reckless weasels off the slope and at home where they belong. Anyone who sues when they can settle it man to man is a wimp.
December 26, 2007

6:57 a.m.

Suggest removal

Doug writes:

How can a responsible individual even think of going skiing WITHOUT health insurance? Why was he on the kid slope? How do we know that his shoulder had not been injured previoulsy? I think there is skunk in the woodshed... Reader's Digest ought to be dissapointed that this type of individual represents their company.... skiing WITHOUT health insurance? at his age?....
December 26, 2007

7:24 a.m.

Suggest removal

Houstongolfnut writes:

WE ALL KNOW THIS KID. He is running like crazy through the store or restaurant and making as much noise as he can. And his parents are oblivious to the whole thing. And God help you if you say anything about his behavior to his parents. Wait a minute. Those kids have grown up and now have access to a computer to write all the bizarre rants seen above.
December 26, 2007

7:45 a.m.

Suggest removal

unferth writes:

The little 8 year old criminal should not only have been arrested but placed in foster home care while his irresponsible parents sat in jail awaiting trial for child neglect. They are responsible for him and ALL of his actions until he reaches majority. But apparently even they have not reached majority since they didn't have the decency to offer medical assistance to the injured man. The rest of our population should hardly be expected to take responsibility for parenting when the biological, legal, and moral responsibilities lie with two who have no concept of social skills necessary for procreation.
December 26, 2007

12:04 p.m.

Suggest removal

dazer writes:

It's hard to believe how upset folks are. If this happened in a mall cause a kid ran into a 60 yr old and broke their hip everyone would be screaming about how bad the parents are. This also has nothing to do with tort reform, they are not asking for punitive damages, just costs.
December 26, 2007

12:07 p.m.

Suggest removal

bobbyb writes:

If they didn't want to be "tarred and feathered" maybe they shouldn't have filed suit against an 8 year old kid for an accident.
December 26, 2007

12:15 p.m.

Suggest removal

jacksov writes:

Was there any information regarding the fact that the rotator cuff injury was pre existing? This generally does not happen by falling down and the fall could have pushed the injury to the point of needing immediate attention instead of eventual treatment. I am a terrible skier and when I fell most of the way down Beaver Creeks mountain I had nothing more than a bruised ego. Something more is up with this than the "victim" is letting on.
December 26, 2007

12:54 p.m.

Suggest removal

Tree_Hugger writes:

I just wonder why old man Pfahler stopped suddenly and stood in the middle of the slope without paying any attention to what was around him?

Impeding other skiers is extremely reckless. It's the same thing as cutting someone off then slamming on your brakes on in front of them while driving.

I think that Pfahler should be the one being sued. He's just lucky that the little boy wasn't hurt.

If you need to stop and take a breather, don't do it in the middle of the slope or at the very bottom of the hill. Stay out of other skiers' way, keep your head up, eyes open and look at what's coming down the hill. Those are just as much a part of skiers' safety rules as anything else.

Also, shame on Pfahler for not having adequate medical insurance. If you can't afford to insure yourself properly, you shouldn't be driving, skiing or engaging in other risky activities.
December 26, 2007

2:16 p.m.

Suggest removal

Uncle_Eck writes:

No wonder this country is messed up. A bunch of adults fighting for the 'innocent' child. The boy caused serious injury to another person. Someone is responsible. $35K is a serious issue. I suspect you all have raised your child to think that they too are not responsible for their own actions.
Sue the kid and his parents!
December 26, 2007

6:06 p.m.

Suggest removal

Zinnia79 writes:

The family should be held responsible for their kid's action. Pfahler is the victim here and he has every right to get compensated for his pain and court costs. If some brat runs into me and breaks my shoulder, I would definitly sue his parents. No doubt. He is suing the family, not the kid himself. People should back off! Those who are critizing Pfahler, let's see if some kid "accidently" runs into you and break your bones...don't tell me that you won't try to get his family to pay for it. Pfahler is the victim.
December 26, 2007

6:10 p.m.

Suggest removal

Zinnia79 writes:

To Titancain.....

You must not have any children. God forbid.
December 26, 2007

7:02 p.m.

Suggest removal

GWM writes:

MileHighGirl, come back from your high. TitanCain was using sarcasm. Duh!?!?!?
December 27, 2007

9:08 a.m.

Suggest removal

Houstongolfnut writes:

Well.....are we done with this? What a collection of nut roots! It is pretty scary to see so many logic trains off the tracks.

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Home › News › Local News

Kid suit sets off storm

Angry calls, e-mail bury Pa. couple in ski collision case

By Sara Burnett, Rocky Mountain News (Contact)

Published December 24, 2007 at 9:41 p.m.Updated December 25, 2007 at 11:59 a.m.

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Published December 24, 2007 at 9:41 p.m.
Updated December 25, 2007 at 11:59 a.m.