A couple of years ago, a New Jersey woman was struck in the face with a baseball at a Little League game. The ball that struck her was thrown by an 11-year-old kid who was warming up a pitcher in the bullpen.
Today, Elizabeth Lloyd is seeking more than $150,000 in damages to cover medical costs stemming from the incident, plus an amount for pain and suffering. Lloyd’s husband is also suing for the loss of his wife’s “services, society and consortium.”
The lawsuit filed in April alleges that Matthew Migliaccio’s bad throw was intentional and reckless, “assaulted and battered” Lloyd and caused “severe, painful and permanent” injuries. The lawsuit further alleges that Migliaccio’s actions were negligent and careless because he was “engaging in inappropriate physical and/or sporting activity” near Lloyd.
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,”the lawyer said. “It’s horrible this can actually happen and get this far. Ultimately, hopefully, justice will prevail.”
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 such as coaches, players, and concession stand workers. It does not cover spectators.
Matthew’s father, Bob Migliaccio, said they were concerned for Lloyd when it happened. Then his son started receiving threatening and nasty letters. “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.”
Seems to me that if you are at a Little League field and anywhere near 11-year-olds throwing baseballs that you assume the risk, but what do I know?