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NJ woman hit with ball sues little leaguer

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NJ woman hit with ball sues little leaguer

Old 06-22-12, 03:19 PM
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NJ woman hit with ball sues little leaguer

http://www.komonews.com/sports/NJ-wo...160048045.html


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."
There has to be knowledge that there could be some risk that if you are sitting near a bullpen area, that there might be a overthrow. Husband suing for the loss of companionship heh.
Old 06-22-12, 03:29 PM
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Re: NJ woman hit with ball sues little leaguer

If they can't afford the legal fees, they should use the "internets" . You can raise half a million on there in no time.

I would think you would not want to choose a jury trial in a case like this, but maybe.

Also, you must be really shitty at throwing if you can clear a fenced-in bullpen when merely warming up a pitcher.
Old 06-22-12, 03:34 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by cdollaz View Post
If they can't afford the legal fees, they should use the "internets" . You can raise half a million on there in no time.

I would think you would not want to choose a jury trial in a case like this, but maybe.

Also, you must be really shitty at throwing if you can clear a fenced-in bullpen when merely warming up a pitcher.


Yeah I need to see the actual area.
Old 06-22-12, 03:36 PM
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Re: NJ woman hit with ball sues little leaguer

Little League.... someone's gonna die before this is over...
Old 06-22-12, 03:42 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by superdeluxe View Post
http://www.komonews.com/sports/NJ-wo...160048045.html




There has to be knowledge that there could be some risk that if you are sitting near a bullpen area, that there might be a overthrow. Husband suing for the loss of companionship heh.
Husband loses the "companionship" of his wife as a result of her injuries, and he wants a monetary award as well?

Might be a win-win for him, but need pics to make that call
Old 06-22-12, 03:48 PM
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Re: NJ woman hit with ball sues little leaguer

She won't win this case. It wasn't premeditated and stuff happens like this all the time. I can't go around and sue every person that accidentally hits me with a frisbee or a loose basketball.
Old 06-22-12, 03:54 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by PenguinJoe View Post
She won't win this case. It wasn't premeditated and stuff happens like this all the time. I can't go around and sue every person that accidentally hits me with a frisbee or a loose basketball.
Yeah, I don't get how a young baseball player throwing a ball back to a pitcher while preparing for a baseball game at a facility used for baseball constitutes "engaging in inappropriate physical and/or sporting activity near Lloyd".

Now if he struck her with a javelin, discus, or arrow ... then I can see that charge being made
Old 06-22-12, 03:57 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by cdollaz View Post
If they can't afford the legal fees, they should use the "internets" . You can raise half a million on there in no time.

I would think you would not want to choose a jury trial in a case like this, but maybe.

Also, you must be really shitty at throwing if you can clear a fenced-in bullpen when merely warming up a pitcher.
It happens all the time. Kids just make errant throws. They don't have the consistent body control adults do. When I was 8 or 9, I was warming up before a game and I hit the mom of someone on my team in the head. A few years later, and elderly man was walking outside the fence up the first base line (just a bit past first), and our third baseman made an errant throw during warm ups. The ball cleared the fence and tagged the man in the face. The guy went down and even started bleeding out of his ear a bit.

Like someone else said, there is an assumed risk when attending sporting events. Sometimes shit just happens.
Old 06-22-12, 04:00 PM
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Re: NJ woman hit with ball sues little leaguer

There isn't enough info in the story to know the layout, but if she was sitting at a park table, placed there by someone employed by the owners of the park, that happened to be near the baseball field, then it may not be as simple as "keep your head up" and anticipate an errant throw now and again. She may not have even been there to watch the game.

Still, I would think any action would be against the people who put the table too close, not the kid.
Old 06-22-12, 04:05 PM
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Re: NJ woman hit with ball sues little leaguer

It's about time someone put these little bastards in their place.

The errant ball thrower of today is the schoolbus monitor tormenter or tomorrow.
Old 06-22-12, 04:28 PM
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Re: NJ woman hit with ball sues little leaguer



"I'm an 11 year-old little-leaguer..."
Old 06-22-12, 05:49 PM
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Re: NJ woman hit with ball sues little leaguer

Well she was apparently distracted by voting for Snooki's baby name.
Old 06-22-12, 05:59 PM
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Re: NJ woman hit with ball sues little leaguer

In my day when I played little league people use to yell "Heads Up" when a ball when astray which warned bystanders that a ball was incoming.
Old 06-22-12, 06:26 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by PenguinJoe View Post
She won't win this case. It wasn't premeditated and stuff happens like this all the time. I can't go around and sue every person that accidentally hits me with a frisbee or a loose basketball.
Erm... actually... you can.
Old 06-22-12, 06:33 PM
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Re: NJ woman hit with ball sues little leaguer

This kid must have a hell of an arm.
Old 06-22-12, 06:37 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by Mrs. Danger View Post
Erm... actually... you can.
Yes, she can, and it should be the Little League organization that pays out medical expenses on this one. A friend of mine's wife is the treasurer of their kid's little league organization and they do have an insurance policy to cover stuff like this. I wonder if they paid out at all.

What she and her husband are asking for clearly seems to go well beyond the normal compensatory damages such an incident would seem to justify.
Old 06-22-12, 06:37 PM
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Re: NJ woman hit with ball sues little leaguer

I've got some balls that I'd like to hit in this woman's face.
Old 06-22-12, 06:48 PM
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Re: NJ woman hit with ball sues little leaguer

Reasonable expectation is the idea a normal person, with typical common sense, would behave the same. I hope the insurance company gives her a civil jury treatment and makes her look like a retard in court.

And then the little league sues her for their legal fees, and any and all compensation for people who had to take time off work to testify.
Old 06-22-12, 07:58 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by Jules Winfield View Post
I've got some balls that I'd like to hit in this woman's face.
Little League balls?
Old 06-22-12, 08:08 PM
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Re: NJ woman hit with ball sues little leaguer

Some one or some institution owns the property this took place at. I'm surprised they aren't going after them. Every lawyer knows you go after those with deep pockets.

How deep are the pockets of an 11 year old?
Old 06-22-12, 08:15 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by The Bus View Post
Little League balls?
It's not the size that matters.
Old 06-22-12, 09:17 PM
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Re: NJ woman hit with ball sues little leaguer

Originally Posted by PenguinJoe View Post
She won't win this case. It wasn't premeditated and stuff happens like this all the time. I can't go around and sue every person that accidentally hits me with a frisbee or a loose basketball.
I don't know. Practically everyday I hear about someone winning a seemingly "unwinable" ridiculous and frivolous lawsuit. Like a thief that breaks into somebody's house and falls down the stairs winning a lawsuit against the people whose house he broke into. This case is no more ridiculous than cases like that and somehow people still win cases like this from time to time.
Old 06-22-12, 10:26 PM
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Re: NJ woman hit with ball sues little leaguer

Did she have a... tan?
Old 06-22-12, 10:57 PM
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Re: NJ woman hit with ball sues little leaguer

I have nothing nice to say about this ignorant c^^^ or her douche bag husband. I hope the community runs them out of town.
Old 06-22-12, 11:32 PM
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Re: NJ woman hit with ball sues little leaguer

if she really believed and can prove that "errant throw was intentional and reckless", then she should press criminal charges. That would go a long way to winning a civil suit.

Then again, she seems out for revenge more than what she was really out. It is one thing to sue for medical bills, but pain and suffering and loss of services, for what seemingly was an accidental throw of a ball?

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