Little League player sued after hitting N.J. woman with a baseball

The lawsuit filed by the N.J. woman alleges the young catcher's throw was intentional and reckless. / CBS

(AP) 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."

[Tazish67]

This case should be thrown out under the assumption of risk guidelines when attending sporting events. On top of that the woman and husband should be required to start a college fund for this child 25% greater than the expenses incurred by the family defending themselves.

[idiots_enemy]

Okay, I'm gonna say it: ONLY in New Joisey!

[mimahose]

I hope the judge throws this case out before they even put the attorney names on record and on top of that I hope he makes that stupid woman pay the legal fees for the boy and his family. She deserves.

[galan76]

Even in the major leagues batters lose control of their bats that go into the crowd sometimes hitting spectators. To use the terms "intentional and reckless" to describe the throw goes beyond the realm of believability. As a past Little League coach, umpire, and local president I've seen ... and managed to avoid ... many errant throws. Eleven-year-olds make bad throws! That's part of learning the game! A frivolous suit from money-hungry people!

[back_creek]

While I agree that the couple suing this child are selfish horrible people, it is the lawyer that accepted this case who should be fined and disbarred for child abuse and endangerment.

[yergrm]

Little league had better wake up and get into the action. Just sit on your collective ass and you will find yourself in more lawsuits than you can shake a stick at. And if Little League leaves a 13 year old and his parents to defend this court action all by themselves, and they lose, then Little League deserves to lose the millions of dollars in lawsuits that will surely follow.

[flbski]

Only in New Jersey. Spent the first 37 years of my life there before moving out. Some of their societal decisions are just plain nuts............

[gregory91360]

Great idea to get a whole bunch of stupid people to send cash, which sadly this country has no shortage of...In 6 months, these people will have 100's of thousands for legal fees before the charges are dropped...I wonder how both these groups will split the money?

[yergrm]

gregory91360, you are an idiot.

[Raymoore1970]

Really? How in the world can you even think of sueing an 11 year old for a misthrow? How did this even get accepting by ANY Lawyer? Who in their right mind can expect a child to throw perfectly? This is a sick joke for that family to endure. As far as I am concerened, those people are money hungry and selfish so and so's for even thinking of sueing a child, muchless trying to go thru with it. What is next, a major league player hits a homerun and the ball hits a fan and that fan sue the player? And really, just how hard can an 11 year old even throw the ball? I doubt it did as much damage as this idiot, money hungry, and a few other names I can not use here claims it did. I still can not believe how some lawyers will stoop to this low of a level to sue a child over an innocent mishap that was nothing less then an accident. If you are going to be around a baseball field, football field, soccer field or track and field events, then you should have the common sense to know something could happen and to be on guard.

[donna0722]

This is so ridiculous!! An adult person suing a child? This woman cannot be for real. Of course this is more the work of the lawyers than anyone. I got hit with a ball in the chest area at my nephews baseball game once and I am so thankful that the ball didn't hit me in the head. I hope this woman loses and has to pay a ton to the lawyers and court costs. Hopefully, the judge will throw this case out and not waste taxpayers money.