Friday, December 21, 2007
David Pfahler Sues 8 Year old Scott Swimm For Negligent Skiing- by Legal Pub Update: 4-23-09
There is more than good skiing going on in Vail, Colorado. There is bad, negligent skiing according to David J. Pfahler of Allentown, Pennsylvania. David J. Pfahler, 60, has claimed in federal court that Scott Swimm, 8, recklessly caused a ski-slope collision that left the Plaintiff with a shoulder injury. Scott Swimm, was seven at the time of the collision and thus under most state laws, will likely be held to the standard of care for a seven year old.
Pfahler is serious about his suit. He suffered a torn shoulder tendon which required physical therapy and nursing and medical services provided by Pfahler's wife. Pfahler claim's losses at more than $75,000.
Robb Swimm (the father) claims 7 year old Scott was skiing slowly and in control. "It wasn't a violent collision or anything; Scott just kind of tapped his ski boots," exclaimed Scott's dad week. The mom, Susan Swimm, claims that her son weighs 48 pounds and was skiing at 10 mph or less.
"Who in the world sues a child?" said Susan to the press. While Pfahler's Denver attorney, Jim Chalat, declined to comment, one suspects that the answer is he and his client.
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Update 4-6-09: Here is the update that has been requested. Apparently, the insurance company of Robb and Susan Swimm settled the lawsuit in 2008. Now, Robb and Susan are speaking out against "abusive lawsuits." The Swimms are working with Faces of Lawsuit Abuse which is sponsored by the U.S. Chamber Institute for Legal Reform. The organization is committed to exposing and fighting frivolous and abusive lawsuits.
Update 4-23-09: Swimm's video explanation of why they settled: LINK