VAIL, Colo. -- An 8-year-old and his father are being sued by a skier who said the boy collided with him at Beaver Creek last winter.

David Pfahler, 60, of Allentown, Penn., said he tore a tendon in his shoulder in the crash with Scott Swim. He and his wife have filed a lawsuit in federal court seeking damages over $75,000 for physical therapy, vacation time and other expenses.

Robb Swimm, the boy's father, said it wasn't a violent collision and he thinks Scott just tapped Pfahler's ski boots.

He said Pfahler was skiing ahead of his son and that his son was trying to pass Pfahler on the right when he turned into him.

Scott told Pfahler he was sorry and started to ski away. That's when Pfahler grabbed Scott’s legs, cursed at him and said he would sue him, according to Robb Swimm.

"I was really scared," Scott told the Vail Daily News.

Colorado law says a minor can't be sued so the court will likely dismiss the portion of the case against Scott, a third grader.