Jun 22, 2012, 2:16 PM EDT
Matthew Migliaccio was playing catcher, warming up his pitcher in the bullpen during a Little League game, when his return throw accidentally went over the pitcher’s head and struck a woman in the face who was sitting nearby. So the woman, Elizabeth Lloyd, is doing the normal thing — she’s suing an 11-year-old for $150,000. She’s also seeking an undefined additional amount for pain and suffering.
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.
Oh, and Lloyd’s husband has filed a separate lawsuit, claiming the loss of “services, society and consortium” of his wife. In legalese, “loss of consortium” means, I think, he’s no longer getting sex.
They’ve demanded a jury trial. As John Cleese (as Robin Hood) said in Time Bandits: “What awful people.”
This all happened in Manchester Township, N.J. Manchester Little League has accident insurance, but that only covers players and coaches, so they have denied coverage. The attorney for the player’s family is, as you may have guessed, somewhat indignant.
“I just think that it’s disgusting that you have people suing an 11-year-old kid for overthrowing his pitcher in the bullpen,” Anthony Pagano, a lawyer for the Migliaccio family, said. “It’s horrible this can actually happen and get this far. Ultimately, hopefully, justice will prevail.”
The lawsuit claims that Matthew was throwing the ball in a “reckless and negligent” manner, when in fact his father said he wasn’t horsing around, but just warming up the pitcher as his coach told him to do. One throw happened to get away … and if that’s a basis for a lawsuit, then the Giants are in serious trouble.
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