Jun 22, 2012, 2:51 PM EST
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.
- Giants acquire Casey McGehee from the Marlins 10
- The Padres have given their fans something to talk about. Which is badly needed in San Diego. 55
- Justin Upton traded to the Padres for three prospects 79
- Bud Selig will get a $6 million a year pension. Which is obscene. 141
- Jake Peavy agrees to a two-year, $24 million deal to stay with the San Francisco Giants 24
- Matt Kemp has officially been traded to the Padres 29
- Padres acquire catcher Derek Norris from Athletics 37
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site 90
- The United States will seek to normalize relations with Cuba (144)
- Bud Selig will get a $6 million a year pension. Which is obscene. (141)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (111)
- Rays, Padres, Nationals agree to 11-player trade (97)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)