A woman from Manchester Township, New Jersey is suing an 11 year old baseball player whose errant throw hit her in the face at a Little League game. The suit was filed in the end of April by Elizabeth Lloyd against 11 year old Matthew Migliaccio, who was the catcher and was on the baseball field warming up the pitcher.
The story went national when it was picked up by Fox News; the fact that it has gone that far speaks for itself in terms of how abnormal and incredulous, suing an 11 year old is. According to Fox News, the lawsuit alleges that Migliaccio’s errant throw was “intentional and reckless” and “assaulted and battered” Lloyd, which caused “severe, painful and permanent” injuries.
Lloyd is suing for $150,000 to cover medical costs and an undetermined amount for pain and suffering.
There is a second count that Migliaccio’s actions were “negligent and careless” through “engaging in inappropriate physical and/or sporting activity” near Lloyd. In the suit Lloyd states “she continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her duties and activities.”
And of course in a third count against the lad, Lloyd’s husband is suing for the “loss of services, society and consortium” of his wife.
The parents of the youth have hired Attorney Anthony Pagano who stated that the lawsuit is “frivolous and without merit”. “I just think that’s it’s disgusting that you have people suing an 11 year old kid for overthrowing his pitcher in the bullpen”, Pagno said. He added, “it’s horrible this can actually happen and get this far.” “Ultimately, hopefully, justice will prevail’
Homeowners insurance will cover the counts of negligence and carelessness, but the other counts are not covered. The Little League has insurance that covers personal accidents but that only applies to coaches, players and concession stand workers, but does not cover spectators.
The player’s father, Bob Migliaccio stated that “it’s absurd to expect to throw the ball on target.” He added, “everyone knows you’ve got to watch out. You assume some risk when you go out on a field, that’s just part of being at a game.”
A Sheriffs Officer even showed up at there home to serve the papers and the player has received threatening and nasty letters.
It’s a sad commentary on our society when we start suing 11 year old ball players for what is described as an accident by one and intentional by the victim. Either side has stated how it was perceived as being intentional or there is no indication of there being any animosity or bad blood between the player and the victim.
Lloyd may also have no choice but to sue because of the mounting medical bills and the fact that the insurance does not cover spectators, something that should be re-evaluated by the Little League Association.
If successful, the suit sets a precedent for what is to come from any sporting event. The lawsuit demands a trial by jury, let’s hope they have the common sense to do the right thing, once all the evidence is presented and the facts are clear.
The irony is that we get our kids involved in clubs, activities and sports to keep them off the streets and out of trouble. Unlike the movie, this baseball drama is not a “Field of Dreams”, instead, it’s a dam shame.
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