Woman sues 11-year old for $150K for hitting her with ball during Little League game.

[Regular_P]

Is there any hope left for humanity?

MANCHESTER TOWNSHIP, N.J. (AP) — A New Jersey woman who was struck in the face with a baseball at a Little League game is suing the young catcher who threw it.

Elizabeth Lloyd is seeking more than $150,000 in damages to cover medical costs stemming from the incident at a Manchester Little League game two years ago. She's also seeking an undefined amount for pain and suffering.

Lloyd was sitting at a picnic table near a fenced-in bullpen when she was hit with the ball.
Catcher Matthew Migliaccio was 11 years old at the time and was warming up a pitcher.
The lawsuit filed April 24 alleges Migliaccio's errant throw was intentional and reckless, "assaulted and battered" Lloyd and caused "severe, painful and permanent" injuries.

A second count alleges Migliaccio's actions were negligent and careless through "engaging in inappropriate physical and/or sporting activity" near Lloyd. She continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her usual duties and activities, the lawsuit says.
And Lloyd's husband, in a third count, is suing for the loss of "services, society and consortium" of his wife. They've demanded a jury trial.
Anthony Pagano, a lawyer for the Migliaccios, said the lawsuit is frivolous and without merit.

"I just think that it's disgusting that you have people suing an 11-year-old kid for overthrowing his pitcher in the bullpen," Pagano said. "It's horrible this can actually happen and get this far. Ultimately, hopefully, justice will prevail."

The count alleging negligence and carelessness is covered by homeowner's insurance, Pagano said, but the other counts are not. Little League has denied any coverage.

Lloyd's lawyer was out of the office Friday and could not be reached for comment.

Steve Barr, a spokesman for Little League, declined to comment on the litigation. He said each local league is required to have accident insurance, but that only covers personnel.

"That includes coaches, players, even concession stand workers. But it does not cover spectators," Barr said.

Matthew's father, Bob Migliaccio, said they were concerned for Lloyd when it happened. Then his son started receiving threatening and nasty letters, he said, and he started getting angry.

"The whole thing has almost been surreal," Migliaccio said. "We keep thinking it's just going to go away, and then a week and a half ago a sheriff shows up at my door to serve my son the papers."
Migliaccio said if his son had been horsing around, he would feel differently. But Matthew was doing what his coaches told him to do, he said, and noted Little League players aren't always accurate in their throws.

"It's absurd to expect every 11-year-old to throw the ball on target," Migliaccio said. "Everyone knows you've got to watch out. You assume some risk when you go out to a field. That's just part of being at a game."

Migliaccio said he and his wife, Sue, would love to beat the charges in court, but it could cost them tens of thousands of dollars. They also don't want to put their son and other kids on the team through all the questions and depositions a trial would bring.

"It's to the point now where we just want it to be over," he said.

Matthew, described by his father as a "baseball junkie," still plays on three different teams. But Migliaccio and his wife have stepped down from coaching and managing the concession stand because of the suit.

Migliaccio said as angry as he is about the lawsuit, he's almost more angry with Little League. He said they've volunteered hundreds of hours over the years, and he believes Little League should assist in defending their son.

"Somebody else has to step in here and help us out," Migliaccio said. "I just feel people should know about this, and maybe Little League can figure out a way to protect these kids."

 

[Rekkapryde]

Gov't really needs to step in and stop this sue fukkery.

 

[DoubleJ13]

but also

How is this bytch suing a 13 year old? For $150,000? That kid should just ask that bytch how she thinks he gonna have that money.

 

[malbaker86]

 

[He Who Posts Well]

At all the lemonade this kid is going to have to sell to pay this off.

 

[Mook]

u idiots, its the parents who are gonna be sued.

 

[Grams]

 

[HacksawJimThuggin]

there's no way she wins... from what I gather, dude threw the ball and it hit her by accident, her merits for a cause of action are weak as fukk

to be considered assault, it must be done with the intent to place someone in apprehension of imminent harm or offensive contact... that element is not present here


plus there's some assumption of risk that by being at a baseball game, you may come in contact with a ball, especially being seated near the bullpen

 

[Grams]

u idiots, its the parents who are gonna be sued.

Really??? Who knew?

She's basically suing the kid it's just that the parents are gonna have to face this even though they shouldn't. This bytch basically doesn't want to pay the bills for whatever her "injuries" are and is attempting a moneygrab from this family.

 

[Grifter]

A second count alleges Migliaccio's actions were negligent and careless through "engaging in inappropriate physical and/or sporting activity" near Lloyd.


bytch, you were at a baseball field what else should they be doing?

 

[Mook]

Really??? Who knew?

She's basically suing the kid it's just that the parents are gonna have to face this even though they shouldn't. This bytch basically doesn't want to pay the bills for whatever her "injuries" are and is attempting a moneygrab from this family.

its the guardian who has to pay though

 

[kash10003]

this is silly and weird

but if you sue someone you might as well sue big

 

[Jutt]

there's no way she wins... from what I gather, dude threw the ball and it hit her by accident, her merits for a cause of action are weak as fukk

to be considered assault, it must be done with the intent to place someone in apprehension of imminent harm or offensive contact... that element is not present here


plus there's some assumption of risk that by being at a baseball game, you may come in contact with a ball, especially being seated near the bullpen

I see all that studyings been payin off breh


But i thought there were signs around baseball fields saying that you may come in contact with stuff from the field..

 

[Grams]

Of course the guardian has to pay. How can a kid with no job afford that? This woman really is dumb as fukk for 1. Not realizing that a stray ball might actually hit her as long as she's anywhere near the field 2. Sitting by the bullpen of all places where 11 year olds are throwing the ball 3. Not keeping her eyes on the field *waits for baseball is boring joke* 4. Claiming assault but there's no motive or any proof that he threw the ball at her on purpose.

I see all that studyings been payin off breh

My man was trying to be extra smart with it

 

[Amare's Right Hook]

bytch, you werent with me in the bullpen !!