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Thread: Woman hit by ball sues Little Leaguer

  1. #1
    Elite Member KrisNine's Avatar
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    Default Woman hit by ball sues Little Leaguer

    This is just about one of the craziest, most frivolous lawsuits I've ever seen. A grown woman is suing a child for $150,000 for medical costs (and then some for pain and suffering). He was 11 at the time and practicing with a pitcher.

    NJ woman hit by ball sues Little Leaguer - Other sports- NBC Sports

    MANCHESTER TOWNSHIP, N.J. - 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."

  2. #2
    Elite Member McJag's Avatar
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    Right. Those 11 year olds know how to control that ball perfectly well.
    I didn't start out to collect diamonds, but somehow they just kept piling up.-Mae West

  3. #3
    Elite Member Novice's Avatar
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    Hold on....
    "Lloyd was sitting at a picnic table near a fenced-in bullpen when she was hit with the ball."

    So... She chooses to sit near a little league practise & the sues for "A second count alleges Migliaccio's actions were negligent and careless through "engaging in inappropriate physical and/or sporting activity" near Lloyd." Eventhough she sat near the ball pen???

    What about her own responsibility? The kid needs to countersue from emotional distress!

    The legal system has gone crazy.
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  4. #4
    Elite Member witchcurlgirl's Avatar
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    keep on suing america...............
    All of God's children are not beautiful. Most of God's children are, in fact, barely presentable.


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  5. #5
    Elite Member Nevan's Avatar
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    This is hysterical. This actually happened very near where I live. I have several nephews that are in LL around here and my son is supposed to start this fall, with my husband coaching. I just have to say this ... we were appalled at the registration fees associated with joining LL. This occurred in a different town and different school system, but I'm sure the fees are similar. Surely for $300+ a season (with parents required to mow the lawn, man the concession stands, putting away equipment, etc., for free, so little maintenance fees required of LL ... the only thing you get is ONE t-shirt and then you buy the rest of the uniform and gear, including bats and gloves), Little League can get an umbrella policy or something.

    I was involved in a bad car wreck when I was in my late teens ... hospital for 2 weeks, back brace for 6 months, years of physical therapy, and on and on ... to the point that I still see a pain management doctor occasionally 20+ years later. After I got my cut (YEARS later and after old medical bills were paid and my slimy attorney took his share) of about $50K ... did my pain go away? Nope, and it never will. I would GLADLY pay back the lawsuit settlement and then double it to not suffer daily pain. Lawsuits suck all the way around. Most are frivolous, but I have no idea what kind of injuries this woman has. I just don't think suing an 11-year-old, when he was in the proper place to do the activity he was engaged in, is the right way to go. I feel for him and his family, especially the boy who so obviously loves baseball (THREE teams, wow!). I agree with the parents for being frustrated with LL.

  6. #6
    Elite Member Grimmlok's Avatar
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    The judge should look at this for a grand total of 3 seconds, toss it out, and make them pay the kid. So fucking stupid.
    I am from the American CIA and I have a radio in my head. I am going to kill you.

  7. #7
    Elite Member DeadDwarf's Avatar
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    What exactly are her permanent injuries to her face from an 11 year old throwing a ball? This isn't some 90 MPH fastball directly in the face. What a broken nose? There's no way that it shattered her face, destroyed her vision or gave her brain damage. A broken nose is not neccesarily "permanent damage". And the husband is suing because she's not doing shit around the house, maybe not working and she's not having sex with him too? Did the baseball to her face permanently break her vagina too? Shit. I can see having the home owner's insurance paying your medical bills, missed work salary, etc. but this woman and her husband have some bad karma coming their way.

  8. #8
    Elite Member Love love's Avatar
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    i read this story out loud to my boyfriend and he was like "what a stupid fucking whore". i agree

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    Elite Member SHELLEE's Avatar
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    The whole time I was reading this, I was thinking "stupid fucking cunt". She needs to DIAF. I'm so tired of these frivolous godamn lawsuits crowding up the courts.
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  10. #10
    Elite Member WhateverLolaWants's Avatar
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    Okay, not that I support her claim but...

    My 6th grader has been playing baseball in a local league for many years and guys, this questioning an "11 year old's aim' or wondering what permanent damage you can suffer from an 11 year old is way off mark.

    These kids CAN aim remarkably well in many cases and the more competitive ones could probably put a hole through drywall. They can be extremely powerful throws. A lot of these kids have Dads that wanted to be big leaguers and it 'didn't work out' so they go out and practice with dad every day from the age of 5 onwards. Some of them warp their shoulders in their throwing arm and can't go out for college ball because they threw so hard in little league, which is why its an unspoken deal with the devil if your kids gets to play pitcher.

    IF a kid were to take a disliking to someone and nail them in the face dead on, I don't like to think of the damage. I could even see it killing someone.

    That being said, I would have to see some damned good proof this was on purpose; that scenario sounds like an accident for sure. But I *have* seen kids do some stupid shit to one another over the years in anger, throwing a ball at someone included.
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    Why is it taking her two years to sue for this? Is that how long it takes to find an attorney to take your case?
    WhateverLolaWants and stef like this.

  12. #12
    Elite Member WhateverLolaWants's Avatar
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    Yeah, that's yet ANOTHER red flag on this one.
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  13. #13
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    I guess it is easier to sue an 11yo kid, than it is to sue the park for putting a table next to a bullpen.

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