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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."
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.
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