New Jersey Little Leaguer is sued for $150,000-plus | Baseball
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 the ball and seeking more than $150,000 in damages.
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 the ball.
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 is 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 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 suit says.
Lloyd's husband is suing for the loss of "services, society and consortium" of his wife.
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."
The count alleging negligence and carelessness is covered by homeowner's insurance, Pagano said, but the other counts are not.
Steve Barr, a spokesman for Little League, said each local league must have accident insurance, but that only covers personnel.
"That includes coaches, players, even concession-stand workers," Barr said. "But it does not cover spectators."
Matthew's father, Bob Migliaccio, said they were concerned for Lloyd after the incident. Then his son started receiving threatening and nasty letters, he said, and he started getting angry.
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 with 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."