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Woman Sues Little Leaguer 11 Years Old

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  Quote red clay Quote  Post ReplyReply Direct Link To This Post Topic: Woman Sues Little Leaguer 11 Years Old
    Posted: 23-Jun-2012 at 11:12
This is the kind of stuff that drives me nuts.  Our courts are clogged with a backlog of real cases and yet they allow something like this to go forward.  This case should be thrown out and the attny who filed it should be disbarred.
 

NJ woman hit with ball sues Little League player


Fri Jun 22, 5:47 PM UTC

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."

Copyright 2012 The Associated Press.

And they wonder why people are so hesitant to volunteer for Coaching and other services.
 
 
 
"Arguing with someone who hates you or your ideas, is like playing chess with a pigeon. No matter what move you make, your opponent will walk all over the board and scramble the pieces".
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  Quote red clay Quote  Post ReplyReply Direct Link To This Post Posted: 23-Jun-2012 at 11:27
There is a perfectly fine Little League Baseball field in our town.  It's dormant, hasn't been used on an organized level in 15 years.  2 years ago I inquired as to it's status, and asked if the Twp. would allow me to do a little reno. on it and maybe some interest could be generated to re form a league.  I was told that I could do what I wanted but the Twp would take no responsibility and I would have to sign a hold harmless agreement.  They then told me that I would have to provide a certificate of Liability Insurance before I even cut the infield.  And all I was going to do was clean it up, mow the grass and rebuild the pitcher's mound, all at my own expense.  After being put through the wringer, I simply said "Fuggetaboutit".  I have since found out that the same attitudes went on to close the CYO field in town.
Why are people allowing this crap to happen?
"Arguing with someone who hates you or your ideas, is like playing chess with a pigeon. No matter what move you make, your opponent will walk all over the board and scramble the pieces".
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  Quote Toltec Quote  Post ReplyReply Direct Link To This Post Posted: 23-Jun-2012 at 15:31
So if he loses the case, will he have to give her all his lollipops for the next 5 years?
Stupidity got us into this mess, why can't it get us out?

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  Quote TheAlaniDragonRising Quote  Post ReplyReply Direct Link To This Post Posted: 23-Jun-2012 at 17:17
Surely people go to these games in the knowledge that a ball could hit them. This being the case then logic should dictate that notification on any subsequent occasion for those entering such a venue/area at the time of some activity, backs this up, and so then the people who are willing to enter are doing so at their own risk.

Edited by TheAlaniDragonRising - 23-Jun-2012 at 17:36
What a handsome figure of a dragon. No wonder I fall madly in love with the Alani Dragon now, the avatar, it's a gorgeous dragon picture.
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  Quote Centrix Vigilis Quote  Post ReplyReply Direct Link To This Post Posted: 23-Jun-2012 at 18:31
I was going to say that this was:
''Clearly a case of a lib-leftist welfare state mentality individual; whereby they are trained to sue and cause disruption and sow fear among the youth of America...leading to their brainwashing them into a like status, while destroying American cultural values and traditions...like religion and baseball.''
 
Now I am just going to have a shot of tiswin instead.
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  Quote Nick1986 Quote  Post ReplyReply Direct Link To This Post Posted: 23-Jun-2012 at 19:40
This is stupid. It's time the government passed a law banning ridiculous lawsuits
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  Quote Sidney Quote  Post ReplyReply Direct Link To This Post Posted: 23-Jun-2012 at 20:07
I hope the kid involved sues her for stress, harrassment and defamation of character, and then claims for potential loss of earnings due to psychological damage.
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  Quote Toltec Quote  Post ReplyReply Direct Link To This Post Posted: 24-Jun-2012 at 01:04
Originally posted by Centrix Vigilis

I was going to say that this was:
''Clearly a case of a lib-leftist welfare state mentality individual; whereby they are trained to sue and cause disruption and sow fear among the youth of America...leading to their brainwashing them into a like status, while destroying American cultural values and traditions...like religion and baseball.''
 


Interesting window into the working of a mind.

It could of course just as easily be interpreted as lib-rightist greed mentality. Woman thinking only of herself and what she can get out of life, and screw everyone else, not caring what damage she does about other people. Brainwashed by the rightist mentality into thinking money and profits are the only things that matter and people don't. Upholding American values such worship of people richer than yourself.


Edited by Toltec - 24-Jun-2012 at 01:05
Stupidity got us into this mess, why can't it get us out?

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  Quote Centrix Vigilis Quote  Post ReplyReply Direct Link To This Post Posted: 24-Jun-2012 at 02:27
It's possible but more then likely not the case.....to much historical evidence assigns this to your beloved leftist-socialist, welfare state recipient, minded mentality. Tis why they and those who endorse it, need to be in the front of the line at the euthanization clinics promoted by your/their political gods and masters.
 
As good sheeple tis your fate.... you deserve it.
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  Quote Toltec Quote  Post ReplyReply Direct Link To This Post Posted: 24-Jun-2012 at 05:42
I think your forgetting what country it is happening in. It's your fate.... It couldn't happen here.

Edited by Toltec - 24-Jun-2012 at 05:42
Stupidity got us into this mess, why can't it get us out?

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  Quote Centrix Vigilis Quote  Post ReplyReply Direct Link To This Post Posted: 24-Jun-2012 at 06:09
I know where it's currently happening. And for you to presume it wont happen or worse variants thereof (pogroms....coups... police states... covered in a facade of delusional, socialist humanistic, fervor while promulgating a false representation of democracy) in your neck of the woods is the height of folly....has many times in every direction one might choose to view from your house.  Historically, your avatar and his flunkies to include the PRC proved it. Most recently as of 2010 right in your backyard. Iow. Your not as safe as you think you are in that respect... for your foes like America's are numerous...internally and ex...Wink.
 
 
 
 
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**Btw...for the newer members here...this is a normal exchange between Toltec and myself....isn't really personal....We have ripped and carried on....like this on numerous venues. He likes it.Wink So do I.LOL
 
 
 
I dislike many of his positions and international views, he reciprocates.....Clap
 
 
 
 
But...what's important to realize about these exchanges... is ya viewing raw, sometimes brutal appearing, honest correspondence, analysis and opinion. Not some crap presented by feigned, alleged, intellectual bullshiters. Because neither of us are that. He has a keen mind and wit and is an excellent blogger and participant here and elsewhere. And I appreciate that. And by and large we attempt to keep it civil.LOL
 
 
 
Truth probably is if I were there... we'd grab a cab and go whorehopping and get drunk....if he were here I'd extend the same courtesy.
 
 
 
 
But until such time....we must do what we must.LOLLOLLOL
 
 
 
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  Quote Toltec Quote  Post ReplyReply Direct Link To This Post Posted: 24-Jun-2012 at 11:25
Originally posted by Centrix Vigilis

I was going to say that this was:
''Clearly a case of a lib-leftist welfare state mentality individual; whereby they are trained to sue and cause disruption and sow fear among the youth of America...leading to their brainwashing them into a like status, while destroying American cultural values and traditions...like religion and baseball.''
 



Religion you say,

Apparently God's on our side, he's a Socialist and supports welfare and free healthcare.

Article


Edited by Toltec - 24-Jun-2012 at 11:27
Stupidity got us into this mess, why can't it get us out?

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  Quote Centrix Vigilis Quote  Post ReplyReply Direct Link To This Post Posted: 24-Jun-2012 at 17:49
I cant complain about the Almighty's politics.....beyond my pay grade. And when last I checked... Iaw. Title 10 USC, He out ranks me ...even in retirement. So where that might be your interp...I leave it for Him. Wink
"Absence of evidence is not evidence of absence"

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