Woman sues Little League player after being hit in face with ball

[jimmy olsen]

What a bitter bitch!

http://sportsillustrated.cnn.com/more/news/20120622/new-jersey-little-league-lawsuit/

Woman sues Little League player after being hit in face with ball

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."

[Ideologue]

Yeah, her face got fucked up so hard by some stupid kid her husband can't fuck her without a bag over her head.  I'd be bitter too.  I hope their homeowner's insurance bleeds money.

[Phillip V]

Is/was she hot?

[Neil]

See?  Lawyers are bad and the practice of law should be banned.

[The Brain]

The husband sues the kid because his wife now gives better blowjobs?

[DontSayBanana]

Whatever ambulance chaser took this on needs to be kicked out of the bar so hard he's going to be reminiscing about the pain in his ass for decades.

I suspect the damage is done, since the suit doesn't seem to have been dismissed.  They're shooting high, aiming low, and after the threat of a frivolous lawsuit countersuit, they'll "concede" by settling for more money than they should have been entitled to in the first place.  Ambulance chaser's probably working on a contingency fee, which means he's going to be gunning for a settlement anyway, since NJ court rules let lawyers skim off an even bigger percentage of out-of-court settlements than from judgments.

If I were the little leaguers' lawyer, I'd be gunning hard to get ambulance chaser sanctioned for this.  The "inappropriate physical activity" portion in particular needs to be called out for the malicious and inappropriate suit that it is.

[Josquius]

This really is the kind of thing that makes the American legal system the laughing stock of the world (and is increasingly creeping into the UK too ).
This kind of crap really should be cracked down on

[DontSayBanana]

This really is the kind of thing that makes the American legal system the laughing stock of the world (and is increasingly creeping into the UK too ).
This kind of crap really should be cracked down on

I suspect there will be at least the threat of sanctioning the ambulance chaser.  With any luck, AC will lose their nerve and have the couple drop the suit instead of pushing for a settlement.  There are ways to deal with this, primarily sanctioning the attorney (which can get them kicked out of the bar in extreme cases, what I'd like to see happen) or counterclaiming a frivolous lawsuit against the plaintiffs and their attorney (what will probably happen).

[Eddie Teach]

makes the American legal system the laughing stock of the world

[dps]

There are ways to deal with this, primarily sanctioning the attorney (which can get them kicked out of the bar in extreme cases, what I'd like to see happen) or counterclaiming a frivolous lawsuit against the plaintiffs and their attorney (what will probably happen).

The way I'd like to see it dealt with is by having a group of thugs slip into the homes of the couple and their attorney, and beat them to death in their sleep with baseball bats.

OK, not really, but shit like this lawsuit shouldn't be allowed to happen.  And Little League needs to step up and help out the kid's family.

[Maladict]

makes the American legal system the laughing stock of the world

Indeed. It already was.

[garbon]

makes the American legal system the laughing stock of the world

Indeed. It already was.

Indeed we should take a cue from our European brethren and only lightly punish dangerous criminals.

[Eddie Teach]

Or African legal systems and retain the death penalty for witchcraft.

[Martinus]

Uhm I don't understand the outrage about it. It's not criminal prosecution but a civil lawsuit - it's pretty normal for minors to be sued (or more specifically, their parents being sued) for damage caused by the minors. Why should the woman be required to pay her medical expenses out of her own pocket only because she was harmed by a kid?

[Neil]

Uhm I don't understand the outrage about it. It's not criminal prosecution but a civil lawsuit - it's pretty normal for minors to be sued (or more specifically, their parents being sued) for damage caused by the minors. Why should the woman be required to pay her medical expenses out of her own pocket only because she was harmed by a kid?

See?  Lawyers have to die.