Jun 22, 2012, 2:51 PM EDT
Two years and more than $150,000 in medical costs later, a New Jersey woman is suing a Little Leaguer who threw a ball and struck her in the face.
Elizabeth Lloyd was sitting at a picnic table near a fenced-in bullpen when she was hit with the ball. Catcher Matthew Migliaccio, 11 years old at the time, made the throw while warming up a pitcher.
Here’s the AP account:
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.
In all, the Lloyd family is seeking $500,000 in damages.
According to the lawyer for the Migliaccio family, Anthony Pagano, the count alleging negligence and carelessness is covered by homeowner’s insurance but the other counts are not. Little League has denied any coverage.
Migliaccio’s father denied that the overthrown ball was intentional.
“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.”
No courtdate has been set for the suit.
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