Aa
New Jersey woman hit with baseball sues Little League player
http://www.foxnews.com/us/2012/06/22/new-jersey-woman-hit-with-baseball-sues-little-league-player/?test=latestnews#ixzz1ydLlNljC
Published June 22, 2012
Associated Press
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."
Published June 22, 2012
Associated Press
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."
Pixie dust... yeah. People would have come to represent and or support this young kid. People always do. You can say that's positive if you want. You can have that.
I'll still say that the fact that this is being allowed to move forward is far more negative than the positive fact regarding people helping people.
Where I live, people help people... not because it's a feel good thing but because its the right thing to do.
I'll still say that the fact that this is being allowed to move forward is far more negative than the positive fact regarding people helping people.
Where I live, people help people... not because it's a feel good thing but because its the right thing to do.
Pixie Dust?
I once took a line driver in the forehead watching a softball game. It hurt like the dickens and I had a mild concussion, but it certainly never crossed my mind to sue anyone. This women is just looking to capitalize on "one of those things". Perhaps they need to make all spectators sign a waiver? It makes me sad, what is wrong with people. I think the boy and his family should counter sue for something.
I do really think that the courts need to start coming down on those people who file frivilous law suites. I mean, you can sue anyone for anything and so many times it seems these cases get settled, mainly because the person (or often corporation) just doesn't want the hassle or to risk a potential judgement of much more then they might settle for. People know that and totally take advantage. Someone further up in this thread mentioned intent - for me, that would be a big part of it. Also, what risk where you potentially taking when you chose to attend an event?
I do really think that the courts need to start coming down on those people who file frivilous law suites. I mean, you can sue anyone for anything and so many times it seems these cases get settled, mainly because the person (or often corporation) just doesn't want the hassle or to risk a potential judgement of much more then they might settle for. People know that and totally take advantage. Someone further up in this thread mentioned intent - for me, that would be a big part of it. Also, what risk where you potentially taking when you chose to attend an event?
Men are highly capable of this too, but I get what you're saying. Something needs to happen.
In the woman's claims, she says she can't do some things. I'd like to know what it is that she can't do anymore. I saw an olympic sprinter yesterday who was a double amputee. If someone told him "you can't do that" most of us would have believed it.....
She also mentions pain.... I played baseball for quite a few years. I got hit in the face with a line drive that knocked me cold and caused me to get stitches. I got hit in the mouth by a short hop numerous times and had to sit and pull my lips out of my braces and swallow and spit blood for half an hour.... and guess what? I didn't leave the game.... I'm all right. (Debatable, I guess)
In the woman's claims, she says she can't do some things. I'd like to know what it is that she can't do anymore. I saw an olympic sprinter yesterday who was a double amputee. If someone told him "you can't do that" most of us would have believed it.....
She also mentions pain.... I played baseball for quite a few years. I got hit in the face with a line drive that knocked me cold and caused me to get stitches. I got hit in the mouth by a short hop numerous times and had to sit and pull my lips out of my braces and swallow and spit blood for half an hour.... and guess what? I didn't leave the game.... I'm all right. (Debatable, I guess)
True. I have to wonder...are there laws in place to cite those that bring forward these kinds of lawsuits? I mean, maybe there needs to be some sort of legislation coming down hard on women like this one. I guess you can probably counter sue, but maybe the only way to stop insanity like this is to just come down really really hard on her.
it does nothing to address the travesty of this useless lawsuit.
It does renew some of my faith that so many are standing up to support this little boy and his family. And just maybe it going to court could be a positive? My hope is that if it does go to court, it will get laughed out and this women read the riot act, which will maybe make others think before they file something so ludicrous. I still cannot believe someone could be so utterly stupid and heartless.
I'm glad that you find that positive. To me, the story is far more tragic because an adult woman who went to a baseball game is suing a kid whose errant throw accidentally hit the woman.
It is tragic that this woman does not understand that there are inherent risks regarding everything we do every day.
Good people stand up all of the time.... that "positive" does not erase the ignorance of this lawsuit.... and the lawsuit goes on. It's ridiculous.
It is tragic that this woman does not understand that there are inherent risks regarding everything we do every day.
Good people stand up all of the time.... that "positive" does not erase the ignorance of this lawsuit.... and the lawsuit goes on. It's ridiculous.
Pixie dust....
ugh - "received" not "recieved"
OK folks, here are some of the POSITVE things that have come out of a sad story that has shown how lacking some individuals can be in character and integrity. The following comments IMO, indicate that in general, people are basically good, and want only to help this family in the face of adversity.
-"They're just calling to say, 'we're behind you, we support you.' The outpouring from people is overwhelming, Bob Migliaccio said. Since the incident, the Migliaccio family has received emails and phone calls from around the world."
-Support also has come through a Facebook group called "Stand up for Matthew Migliaccio," which has over 1,700 members."
-"Attorneys have called to offer support pro bono"
-"Others called to offer money for a defense fund"
-"Former teachers and coaches have thrown their support behind Matthew and are willing to — should it come to it — testify to his character at trial"
Yes it may still go to trial, and yes the Migliaccio family may lose, but the amount of support he has recieved literally from around the world has probably gone a long way to ease the pain and frustration of dealing with the imbeciles who filed the suit. It may have restored his faith in humanity a bit as well.
brice - I'm sorry I posted this update - I thought it was pretty obvious what the positives were in this recent article. Please don't blow an o-ring, whatever the hell an o-ring is.
In order for this to go on, wouldn't her lawyers have to prove intent? Like he wanted to hurt this lady? Probably not, these days.... geez.
I'm disgusted with people like this. I've got to stop commenting on this or I am going to blow an o-ring.
I'm disgusted with people like this. I've got to stop commenting on this or I am going to blow an o-ring.
Maybe this is just me being childish, but if the thing gets dropped or if this lady loses her case.... I think the kid ought to be able to throw a baseball at her on purpose.
I don't see a positive, either, unless it's that fact that everyone seems to be behind Matthew.... that may or may not help, if the case goes to court. Character witnesses can only do so much.
I didn't catch the positive.... isn't the lawsuit still being persued or did I completely miss something?
NICE TO READ SOMETHING POSITIVE FOR A CHANGE....
The public support that a Manchester family has received for being sued after an errant Little League warm-up throw injured a spectator has been "a real eye-opening experience," said Bob Miglaccio, father to 13-year-old catcher Matthew.
"A lot of the things I read choked me up," Bob Migliaccio said. Since the incident, the Migliaccio family has received emails and phone calls from around the world.
"They're just calling to say, 'we're behind you, we support you.' The outpouring from people is overwhelming," Bob Migliaccio said. He has been contacted by citizens as far away as Germany and England.
Matthew Migliaccio was 11 when his practice throw left the Manchester Little League field where he was warming up and struck Elizabeth Lloyd of Whiting in the face. Two years later, Lloyd is suing the teen for $500,000, saying that she was assaulted and battered by the throw and has ongoing pain and anguish.
A Little League spokesperson told the Associated Press that local leagues are required to have insurance for coaches, players and other workers, but not spectators. The Migliaccio's homeowners' insurance would cover the charges in the suit alleging negligence and carelessness. But Matthew Migliaccio could end up being held responsible for two other counts, according to the AP.
Support also has come through a Facebook group called "Stand up for Matthew Migliaccio," which has over 1,700 members.
"No child should have a sheriff show up at his front door to serve him papers for a frivolous lawsuit," reads the group's description. Migliaccio said that he and his wife will refrain from publicly commenting on the Facebook group page.
Attorneys have called to offer support pro bono. Others called to offer money for a defense fund, which Migliaccio said he does not want to accept right now. But, if legal costs continue to mount, it may be an option down the road.
"I don't even like borrowing money from people," he said. "I guess it just stoked something in people to want to help."
Lawsuit against son, rather than league, is a 'mystery'
"It's a mystery to us," as to why Lloyd decided to sue Matthew rather than Little League, Migliaccio said. "I think they wanted a quick hit. I think they thought our insurance company would write them a check and it would be over. I can't imagine they thought I'd go public with it."
At the local level, Migliaccio said that appreciates the Little League — his son is gearing up for play in the upcoming season. Before the incident, Migliaccio was a coach, though to remove himself from the spotlight he now only volunteers to help maintain the grounds. His wife also worked at the concession stand.
Migliaccio is not pleased with the league's central management, however.
"I think that they've lost touch with the kids who are in their league," he said, alleging that officials "at every level" will not help with his son's defense.
A call to Manchester Little League management seeking comment was not returned.
Migliaccio claimed that he and other parents that he has spoken with since the incident did not know about the league's policy of not covering spectators.
"Nobody knew about it," he said. "When you sign your kid up, you should know this. They're not covered if the ball leaves the field."
Migliaccio is not waiting for the league to change its stance — he has asked 10th Legislative District representatives to change an assumption of risk law that now applies to professional sports to extend to nonprofit youth sports. The legislators' chief of staff said that a draft of the bill is being written and could be completed next week.
Family struggled with decision to go public
Going public with the suit was not an easy decision for the family. After seeing the comments left by readers on news websites, many of which disagreed with the lawsuit, Migliaccio and his wife wondered if talking to numerous media outlets was the right thing to do.
"But we've come back to the fact that [the Lloyds] control the situation. Only they can drop the case. They're in control," Migliaccio said.
Migliaccio said that he is unclear on the extent of Llyod's injuries and she has not publicly released photos of her injuries — something she is not required to do.
"I only know what's in the paperwork. We've never questioned her injuries," Migliaccio said. "It's not Matthew's fault, or it's not 100 percent Matthew's fault."
Migliaccio alleged that Lloyd was sitting on top of a picnic table, rather than at the table's bench, at the time of the incident.
"If she had been sitting on the bench it would have gone right over her head," he said.
He also claimed that Lloyd hugged and forgave his son a few weeks after the incident, when the team presented her with flowers in apology. But, "as soon as they got my homeowner's [insurance] information, things changed," Migliaccio said.
Lloyd's attorney, Riaz Mian, did not immediately return a call requesting comment in response to this article.
Migliaccio, who has not had any contact with the Lloyds since the lawsuit was filed, said that he would like to avoid going to trial "at all costs," but he realizes that is a possibility. Attorneys are currently in the discovery phase, and Migliaccio said that a trial could be as far as a year and a half away.
Former teachers and coaches have thrown their support behind Matthew and are willing to — should it come to it — testify to his character at trial, according to his father.
"You're not going to find a person who says he's the kind of kid who would do this [intentionally]," Migliaccio said. "I'm not saying this because I'm his dad."
http://berkeley-nj.patch.com/articles/lawsuit-an-eye-opening-experience-for-little-league-players-family
The public support that a Manchester family has received for being sued after an errant Little League warm-up throw injured a spectator has been "a real eye-opening experience," said Bob Miglaccio, father to 13-year-old catcher Matthew.
"A lot of the things I read choked me up," Bob Migliaccio said. Since the incident, the Migliaccio family has received emails and phone calls from around the world.
"They're just calling to say, 'we're behind you, we support you.' The outpouring from people is overwhelming," Bob Migliaccio said. He has been contacted by citizens as far away as Germany and England.
Matthew Migliaccio was 11 when his practice throw left the Manchester Little League field where he was warming up and struck Elizabeth Lloyd of Whiting in the face. Two years later, Lloyd is suing the teen for $500,000, saying that she was assaulted and battered by the throw and has ongoing pain and anguish.
A Little League spokesperson told the Associated Press that local leagues are required to have insurance for coaches, players and other workers, but not spectators. The Migliaccio's homeowners' insurance would cover the charges in the suit alleging negligence and carelessness. But Matthew Migliaccio could end up being held responsible for two other counts, according to the AP.
Support also has come through a Facebook group called "Stand up for Matthew Migliaccio," which has over 1,700 members.
"No child should have a sheriff show up at his front door to serve him papers for a frivolous lawsuit," reads the group's description. Migliaccio said that he and his wife will refrain from publicly commenting on the Facebook group page.
Attorneys have called to offer support pro bono. Others called to offer money for a defense fund, which Migliaccio said he does not want to accept right now. But, if legal costs continue to mount, it may be an option down the road.
"I don't even like borrowing money from people," he said. "I guess it just stoked something in people to want to help."
Lawsuit against son, rather than league, is a 'mystery'
"It's a mystery to us," as to why Lloyd decided to sue Matthew rather than Little League, Migliaccio said. "I think they wanted a quick hit. I think they thought our insurance company would write them a check and it would be over. I can't imagine they thought I'd go public with it."
At the local level, Migliaccio said that appreciates the Little League — his son is gearing up for play in the upcoming season. Before the incident, Migliaccio was a coach, though to remove himself from the spotlight he now only volunteers to help maintain the grounds. His wife also worked at the concession stand.
Migliaccio is not pleased with the league's central management, however.
"I think that they've lost touch with the kids who are in their league," he said, alleging that officials "at every level" will not help with his son's defense.
A call to Manchester Little League management seeking comment was not returned.
Migliaccio claimed that he and other parents that he has spoken with since the incident did not know about the league's policy of not covering spectators.
"Nobody knew about it," he said. "When you sign your kid up, you should know this. They're not covered if the ball leaves the field."
Migliaccio is not waiting for the league to change its stance — he has asked 10th Legislative District representatives to change an assumption of risk law that now applies to professional sports to extend to nonprofit youth sports. The legislators' chief of staff said that a draft of the bill is being written and could be completed next week.
Family struggled with decision to go public
Going public with the suit was not an easy decision for the family. After seeing the comments left by readers on news websites, many of which disagreed with the lawsuit, Migliaccio and his wife wondered if talking to numerous media outlets was the right thing to do.
"But we've come back to the fact that [the Lloyds] control the situation. Only they can drop the case. They're in control," Migliaccio said.
Migliaccio said that he is unclear on the extent of Llyod's injuries and she has not publicly released photos of her injuries — something she is not required to do.
"I only know what's in the paperwork. We've never questioned her injuries," Migliaccio said. "It's not Matthew's fault, or it's not 100 percent Matthew's fault."
Migliaccio alleged that Lloyd was sitting on top of a picnic table, rather than at the table's bench, at the time of the incident.
"If she had been sitting on the bench it would have gone right over her head," he said.
He also claimed that Lloyd hugged and forgave his son a few weeks after the incident, when the team presented her with flowers in apology. But, "as soon as they got my homeowner's [insurance] information, things changed," Migliaccio said.
Lloyd's attorney, Riaz Mian, did not immediately return a call requesting comment in response to this article.
Migliaccio, who has not had any contact with the Lloyds since the lawsuit was filed, said that he would like to avoid going to trial "at all costs," but he realizes that is a possibility. Attorneys are currently in the discovery phase, and Migliaccio said that a trial could be as far as a year and a half away.
Former teachers and coaches have thrown their support behind Matthew and are willing to — should it come to it — testify to his character at trial, according to his father.
"You're not going to find a person who says he's the kind of kid who would do this [intentionally]," Migliaccio said. "I'm not saying this because I'm his dad."
http://berkeley-nj.patch.com/articles/lawsuit-an-eye-opening-experience-for-little-league-players-family
"I wonder if they ever considered suing their parents for not using birth control?" Love it.........
"Oh puleeze...seriously?
Took the words right out of my mouth Adgal...
Took the words right out of my mouth Adgal...
That's just sad....
Back to our litigious friends above... I wonder if they ever considered suing their parents for not using birth control?
Back to our litigious friends above... I wonder if they ever considered suing their parents for not using birth control?
I was in a car accident and had ---- no joke---- over 10 attorneys contact me telling me they could make me money.
Ridiculous.
Ridiculous.
Yes ma'am. I think the U.S if chock full of people who are sitting around waiting to sue someone for something. They are literally waiting for a reason.... anything.
There used to be a show, (one of those "caught on film" shows) that basically showed the lengths people went to to try to set up a fake fall/injury, just to try to get any kind of a settlement. It is pitiful....
Personally, I think it's a shame that there are lawyers that would take a case like this. By all accounts, this was a mere accident! If the child deliberately throws a baseball at the woman with the intent to hurt her, then you've got something.... but not with this. Worse than that, this is an 11 year old kid....
I played baseball for about 8 years. I got "beaned" better than 20 times by a pitcher, I got hit in the mouth numerous times trying to field grounders, even got hit in the eye once.... once.... while trying to shag a fly ball. I've had stitches. I've had to put ice on you know where. I've had to remove my lips from my braces on my teeth..... not once did I want to sue anyone. I've even been drilled as a spectator! It happens, and if this goes anywhere, it'll set precedent.
Such B.S......
There used to be a show, (one of those "caught on film" shows) that basically showed the lengths people went to to try to set up a fake fall/injury, just to try to get any kind of a settlement. It is pitiful....
Personally, I think it's a shame that there are lawyers that would take a case like this. By all accounts, this was a mere accident! If the child deliberately throws a baseball at the woman with the intent to hurt her, then you've got something.... but not with this. Worse than that, this is an 11 year old kid....
I played baseball for about 8 years. I got "beaned" better than 20 times by a pitcher, I got hit in the mouth numerous times trying to field grounders, even got hit in the eye once.... once.... while trying to shag a fly ball. I've had stitches. I've had to put ice on you know where. I've had to remove my lips from my braces on my teeth..... not once did I want to sue anyone. I've even been drilled as a spectator! It happens, and if this goes anywhere, it'll set precedent.
Such B.S......
You know what the problem is (I am assuming laws in the US are similar to here), you can sue anyone for anything. And the person being sued has to then retain a lawyer and pay to fight it, no matter how silly. So either way, this family is going to be hurt. I gotta know though...it seems in the US people sue a lot - is that just media attention, or is that true? I'm only going by what we see and hear on the news but it seems like you have an awful lot of lawsuites there...is that true?
I heard a report on the news that the father is trying to appeal to the league for a little assistance. These are good little league parents that donate a lot of their time working the concession stands and the likes. I really hope the league and their attorneys step in for a bit of support. This is simply out of line....
For the love of Pete. I've spent countless hours at Little League baseball games the past 3 months. I mean . . . like 4 or more a week with two kids. The dreaded "head up" comes about 5 times a game. From a bad throw to a foul ball... these are kids with a hard object flying in the air. You are nothing short of an idiot if you aren't paying attention.
It really does make me sick that our legal system is filled with such silly things. I hope everyone else in the stands and on the field testify for the boy and against her side. And I hope whomever she was there to watch play isn't too mortified to be related to her. She gives spectators a bad name.
grrr.
It really does make me sick that our legal system is filled with such silly things. I hope everyone else in the stands and on the field testify for the boy and against her side. And I hope whomever she was there to watch play isn't too mortified to be related to her. She gives spectators a bad name.
grrr.
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