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Little League Player Lawsuit: 11-Year Old Sued For Injuring Woman With Errant Throw

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There’s no crying in baseball. But there are lawsuits. A woman in New Jersey is suing a little league player after his errant throw hit her in the face. Elizabeth Lloyd is seeking more than $150,000 in damages from 11-year-old catcher Matthew Migliaccio.

CBS News reports that Lloyd was sitting at a picnic table near the baseball diamond when she was hit by a baseball two years ago. The ball was thrown by Migliaccio who was warming up a pitcher before the game.

Migliaccio, now 13, said that he ran over to Lloyd at the time of the accident to see if she was OK. When she said that she was fine he returned to his warm-up.

Migliaccio said:

“I ran over to see if she was all right. She said she was OK. I was just on with warming the pitcher up, and I was not horsing around.”

The lawsuit claims, however, that Micliaccio’s throw was “intentional and reckless” and caused “severe, painful and permanent” injuries. The little league lawsuit goes on to say that Lloyd is still experiencing pain from Migliaccio’s “negligent” and “careless” act and is asking the baseball player to pay for her pain, anguish, and medical bills.

Lloyd is demanding a jury trial.

Anthony Pagano, a lawyer for Migliaccio, doesn’t believe that the lawsuit is credible.

Pagano said:

“I just think that it’s disgusting that you have people suing an 11-year-old kid for overthrowing his pitcher in the bullpen… It’s horrible this can actually happen and get this far. Ultimately, hopefully, justice will prevail.”

Bob Migliaccio, Matthew’s father, was also taken aback from the lawsuit.

Migliaccio said:

“It’s absurd to expect every 11-year-old to throw the ball on target. 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 that the little league lawsuit puts him in a difficult position. He would love to beat the charges in court but said that it would cost him thousands of dollars. He’s hoping that the Manchester Little League will step in to help out, but said that it wasn’t likely to happen.

Steve Barr, a spokesman for Little League, said that the league’s accident insurance “includes coaches, players, even concession stand workers. But it does not cover spectators.”

What do you think of the little league lawsuit?

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102 Responses to “Little League Player Lawsuit: 11-Year Old Sued For Injuring Woman With Errant Throw”

  1. Robert Champion

    People will do anything to cheat a dollar out of someone. I don't know who's worst the lady that filed or the lawyer thot took the case. Lets hope the judge will throw them both out.

  2. Norman Kent

    There's a reason they tell you to pay attention to the game if you go to one, regardless of level. Off the bat, it can go anywhere. being thrown, same thing. Even if the kid threw it intentionally, how the hell does she think she can prove it? I'm going to sue a baby because she took a dump in a public toilet, and intentionally and wrecklessly didn't flush the toilet. I mean, the emotional scarring and all.

  3. Anonymous

    If you can't rob an old lady walking down the street, go after a child in the park.

  4. Jon Gau

    When you enter a MLB stadium, you need to read the back of your ticket. Once you enter the stadium, you have acknowledged that you have read all of the rules and regulations set forth by MLB. You are responsible for your own safety. You need to be on the look out for foul balls and flying objects from the field. This is to protect MLB from lawsuits like this. This goes down to the lowest level as well you need to pay attention to your surroundings wherever you are. If anything I am paying way more attention if I am at a little league game, just do to the fact that there are children everywhere. This lawsuit it purely just a cheap trick to make a easy dollar. People these days are willing to do anything to make money, its despicable.

  5. Anonymous

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  6. Lizzie Gowers

    This is just plain absurd. If her "injuries" really are as severe as she claims, why did she wait TWO YEARS? It's completely asinine to attempt to sue a child and even more so to claim that he hit her on purpose. It's things like this that make me say, "I don't want to live on this planet anymore!"

  7. Nibiru Elenin

    Are you kidding me? Well can you sue people for being pathetic, cause I would sue that woman for being pathetic…

  8. Travis Horton

    wow that lady is rediculos that she is sueing a little kid its her falut she was sitting by the bull pen an like the dad said its crazy to except a 11 year old kid to throw on target every time. Look at the pros they don't even throw perfect so comes down to this lady is just another scum bag an I hope she burns in hell an same for her lawyer.

  9. Brandy Murdock Melton

    How could anyone try to hold this child responsible for something he was being directed by adults to do. Even that kids don't know to take in all the factors aorund them to decide wether something is safe or unsafe for others. It's like preschooler that was sued for running into someone on his/her bike on the side walk. No one should be allowed to sue children.

  10. Sylvia Barron

    I wish we had a system like some countries in Europe have. If you sue and lose you end up paying all the costs of both parties. This would keep dumb lawsuits from being in court.

  11. Dave Garczynski

    I can't believe this woman. The lawyer who took the case and her should be thrown out of court!

  12. David M. Vandervort

    What do you really think about that?…I agree

  13. David M. Vandervort

    Lawsuit in little league…are you kidding me.

  14. Erica Miller

    When you go anywhere near a ball field your common sense should tell you to watch out, be it a football, soccer ball, baseball etc. This is absolutely ridiculous and the very reason the man said he may not be able to fight it (cost) is the very reason these individuals sue over stuff like this because they know they will most likely get their way. Accidents happen and while I understand that she may have been hurt it was not a malicious act.

  15. El Bayamones Ausente

    I coached Youth baseball, including Little League Baseball for close to 20 years. And this proves what I already knew, the biggest problem we always had was the ADULTS!

  16. Chuck Leger

    It's called greed. go to any ballpark in America and if you get hit by the ball, you are considered lucky. You will not get a dime out of those team owners. However if you are a young kid without the benefit of money, I guess there is always a lawyer that will try to get money. She should be ashamed of herself.

  17. Dan Matteo

    Why not sue the kid who didn't catch the ball when it was thrown back… what about the league for putting the picnic table in that spot…how about the city for not having a fence high enough to prevent someone from getting hit with an errant throw… and the husband getting in on the action because she can't service him… get a life…let's set up camp on their front yard in support of the child…

  18. Brian Long

    This just blows my mind. I'm sure the woman knew where she was at, it wasn't a retirement home, it was a baseball filed. Second, people need to stop suing for every little thing. The only reason I would ever sue would be if I was actually wronged and I would only sue for the damages done, nothing more. You break my car window, I want 200 bucks(or however much it cost), throw this lady is jail.

  19. Anonymous

    This Bit** was not hurt and is probably an illegal alien from Albania and has not concept of baseball. Shot the attorney and tell the biatch "take a hike".

  20. John Lentini

    The damned insurance company should step up and defend the boy. Some insurance defense lawyer is probably misreading the coverage. If they don't, the Little League needs to sue their insurance company. They like collecting premiums, but they surely hate to pay claims.

  21. Jim Hartmann

    Actuallt no you can't. When you buy a ticket to a major league game. IT specifically states that you are assuming responsibility.

  22. Anonymous

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  23. Anonymous

    I would really like to see this woman. What, after two years she is suing? Who does she think she is? Who is her lawyer? Money, money, money, that is all people care about now a days. What about love and respect. The young player did his part. But she did not do hers. She must not love herself. God said."Love your neighbors as yourself".

  24. David M. Vandervort

    Is it too late to sew the kid that broke my big wheel when I was 6?

  25. Alan Williams

    Let me get this straight. This lady is in New Jersey, she's filing a lawsuit against the Migliaccio family, and their lawyers name is Anthony Pagano… I think she's totally screwed.

  26. Vincent G Lum Ko

    BS, kids get hit in the face by popflys. They might quit baseball after that, but it doesn't cause them $150,000 worth of pain, anguish, and medical bills. More like $300 worth of pain, anguish, and medical bills. Then $149,700 worth of BS.

  27. Scott Bailey

    its very simple in my opinion. There should be a law that says if you sue someone and it turns out to be bogus as in this case then the defendant should be able to sue the other person back for the exact amount that they were being sued for. In this case the plaintiff has nothing to lose. this will probably settle out of court and the poor 11 year old parents will have to pay thousands of dollars to get rid of this lady. Its bull shit and there should be some risk to the plaintiff. If I were the judge I would throw this out of court and I would make the plaintiff pay the defendant any cost that they occured and mental anguish. Put a Law in as I have explained above and it would eliminate any more bogus claims or at least it would make people think twice about swindling the innocent out of money. Get a job lady…

  28. Laura Lee Preston

    I'm not quite ready to have this woman and her lawyer "burn in hell" (see another comment) but of course this is ridiculous. No judge will hear this case.

  29. Anonymous

    Hey lady if you're in so much pain do us all a favor & put yourself out of your own misery!

  30. Brenda Stines Mills

    any judge with any common sense will throw this case out…you can find sleazy, low-life attorneys that will sued dead people just to get a reatainer fee….this "injured" woman is a slip & fall case or she wouldn't have waited 2 yrs.

  31. Anonymous

    Dear Elizabeth, You low life pathetic excuse for a human being. You took responsibility for the possibility of getting hurt when you sat close to the diamond. They are kids just trying to have fun and learn a sport. They weren't being malicious. They aren't old enough to always have control. Heck even the pros don't always have control. So get a life grow up and riot in hell. Suing a child makes you the biggest scum. I don't know who is worse you or Sandusky.

  32. Chris McGrath

    SOmeone should hit her over the head with a bat!

  33. Randy Whisnant

    I really hope that some lawyer steps forward and offers their time to take this up. Suing a kid for 150k because you got hit by a baseball? Wow, what a load.

  34. Theresa Carey- Ryan

    Actually on the back of the ticket stub I thikn it spells it out that they assume no liabiltiy if you are clocked by a ball, puck etc…..depending on the game

  35. Stephen Joseph Monachello

    The only wa crap like this will stop is that the court start charing lawyers and plantiffs court cots for frivolous lawsuits.

  36. Melissa Stark

    My friends and I use to ride our bikes down to the baseball field and watch the games. We were always warned to sit behind the fence where it would be safer, and to watch for wild throws. You pretty much take your own safety into your hands when you go to the field.

  37. Amelia Mathews

    What does this woman stand to gain from sueing an 11 year old kid? A pack of half chewed gum and some video games? Or worse……this kid's college fund if he even has one? I'm wondering if this child's family has money……and this woman sees an opportunity to gain something for nothing…..prevalent in our society unfortunately. And WHAT LAWYER actually took the case? I am at a loss!

  38. Kenn Waggener

    I have been to countless major and minor league games and on the back of your ticket it clearly states that they are not liable for any damages caused by flying bats or balls. I can't imagine that the little league wouldn't implement the same rules..

  39. Alexandra Smith

    Are you serious? Your life must be so sad and pathetic that you feel the need, as an adult, to sue a CHILD. This poor kid will now think twice before playing any sport I am sure. Pretty sad to do to someone.

  40. Anonymous

    When she loses he gets to hit her in the face on purpose………………

  41. Anonymous

    When she loses he gets to hit her in the face on purpose………………

  42. Anonymous

    I quit coaching soccer when the parents started telling me to put certain players in so they could win the game…..You know the same parents that say no when we needed coaches.and left me coaching several teams……..

  43. Anonymous

    I quit coaching soccer when the parents started telling me to put certain players in so they could win the game…..You know the same parents that say no when we needed coaches.and left me coaching several teams……..

  44. Janet Raslowsky

    If you think this is ridiculous, just remember the McDonald's lawsuit. The woman won the suit because she was too dumb to know that coffee is hot and you shouldn't put it between your legs.

  45. Jordan James

    I think most of you have missed the point. There was more than one game going on. She was watching her sons game when the ball came in from another game. There is no possible way to watch 5-6 games at a time to duck foul errant throws. It smashed her face and broke bones in her face. She still has pain in her face as I'm sure you can imagine. The little league has insurance to protect everyone at the field including the hot dog servers but not the people who support the league. The Little League should have stepped in and covered her medical expenses or something. They acted like they did not care about the well being of their supporters. The only way to get to the league thick skull was to go through the kid. It was not the decision of the injured woman, it was her attorney. Sad to sue a 11 year old kid to get the attention, but the league could have done the right thing originally, there would be no need for this now. 2 years later. The dad is upset that the league wont help them to defend their child. Now they know how the woman feels after having her face bashed in, blown off by the league and have to pay med bills, and live with the pain for the rest of her life. If this happened at your work place, it would have been taken care of. Why is it different in this case? I hope she wins. The league and or township, city is responsible.

  46. Jordan James

    you are right. The adults who run the place are to blame. If people are to know that things can happen and to always pay attention, why does the insurance policy cover the kids, workers and coaches. Do the fans not get the same respect as the kids, coaches and hot dog servers? The parents of the kids playing know things can happen, so why are they covered? The little league and ball park are responsible.

  47. Jordan James

    she and the insurance company of the little league were trying to figure out a plan and they could not come to a mutual agreement. You know how insurance companies are. She felt she needed to hire an attorney, as you would have if you felt the insurance company was screwing you.

  48. Jordan James

    there was more than one game going on at the time. Impossible to watch 5-6 ball games for errant throws or foul balls. She was there to watch her sons game, not the other 5-6 games going on at the time. Her face was broken. She has pain after it healed. The league and the officials have blown her off. If you have ever dealt with insurance companies, you would know that from time to time, you need to hire an attorney because the insurance company doesn't care about you, only themselves. If the league had done the right thing originally, there would be no need for the woman to sue for medical expenses. She will win her case and it will be settled.

  49. James Johnson

    You don't need media attention for a lawsuit. If you truly have a case you allow a jury of your peers to determine guilt and payouts. Funny enough a jury will likely be more sympathetic for the 11-year-old than they would have been for the little league organization as a whole.

  50. El Bayamones Ausente

    No, because the kids and coaches are participants and spectators are..spectators. Even in MLB, you are at your own risk, except when safety is purposely ignored. Also, bleachers in the places i have been, are placed behind fenced places. Now if a parent moves and goes to an unprotected places, that's thier fault. Parents have gotten so ridiculous, that in some places they have moved the bleachers behind the outfield fences. As a BOD member, we would carry a million dollar policy that cost thousands of dollars a year. So imagine if we had to cover every parent that decides to look elsewhere instead of the action on the field.

  51. Jordan James

    NO, because on the back of your major league ticket, it says "we are not responsible for any injury". Something that is not at the little league park. There are no tickets and there are no signs. Plus, at the major league park, there is only one game going on at a time. Not 5-6 games at the same time all close in proximity. Unless you have 6 eyes in your head, it is impossible to watch every game and angle to avoid such an incident.

  52. El Bayamones Ausente

    Where's personal responsibility gone? And then we question why our youth grows the way they do. this lady is not suing the Little League but the 11 year old player. And if she knew a LITTLE bit about the law, ADULTS are not ALWAYS responsible for the actions of a minor.

  53. Jordan James

    it doesn't matter. if the kid play the game, injuries can happen. If a coach gets hit, why is he different that the fans? So the coaches and players know things can happen. So why are they covered under the insurance and a fan is not? It would cost more to protect the kids and players than it would to cover the fans. So dont give me the "it's to expensive excuse", that doesn't fly.

  54. Jordan James

    the father of the kid her lawyer is suing is the one who called the media. Not the woman with the broken bones in her face. if the little league would have done the right thing to start with, the kid nor the woman would be going to court. The woman tried dealing with the insurance company but they would not. Next step court.

  55. Jordan James

    she doesn't know ALL there is to know about the LAW. THAT IS WHY SHE HIRED AN ATTORNEY. Why limit it to 'personal responsibility'? What about the responsibility of the league to protect people. Even a little bit. Someone had a brain fart, forgot to put "everyone on the premises" on the insurance policy. The league will settle this and pay the woman medical bills. A little bit for her continuing pain. The dads "services" suit is bogus.

  56. El Bayamones Ausente

    Because your not a participant, but a spectator. Our responsibility is those in the program, not the fans. That's the risk you take when you go to ANY sport event. If a spectator is injured (or in fact any member of the general public), and it is as a result of the negligence of the insured, then the insured person responsible for causing the injury will be covered in the event of a claim. There was no negligence by the insured. She said she was OK. I was just on with warming the pitcher up, and I was not horsing around.” She knew where the picnic table was in relation to the Baseball field.

    The lawsuit claims, however, that Micliaccio’s throw was “intentional and reckless” and caused “severe, painful and permanent” injuries. The little league lawsuit goes on to say that Lloyd is still experiencing pain from Migliaccio’s “negligent” and “careless” act and is asking the baseball player to pay for her pain, anguish, and medical bills.
    But in your continuous rambling about thing you know nothing about. And least about the cost of insurance. If you are so concerned, pay the gold digger the money she wants. And then later, go to a small Little League, of mostly blue collar parents and tell them you going to raise the fee a $20-$30 dollars so we can pay gold diggers settlements
    .

  57. Jordan James

    the negligence is the table being next to the bullpen. If the ball got out of the designated bullpen, then the league is responsible. If there were not negligence why did they have a 'bullpen'? Why have any net, backstop or whatever? because people can get hurt. They have backstops to keep fans from getting hurt. The natural progression should be to make sure as few fans get hurt as possible. Obviously, not enough steps have been taken. The league is responsible, and if they don't think so, the kid being sued will ultimately bring the league in and that is when this whole thing will be settled. Wait and see.

    Continuous rambling, no. Just pointing out the obvious. The obvious that you all fail to see, in your quick claim that the "gold digger" is just out to make a buck. Her face was broken. She still suffers pain today. Careless yes, intentional, no. But Careless definately, because the ball hit her in the face, broke her orbital socket and 2 years later, she still experiences pain.

    How do you think the league gets their money. From the parents who get their face broken trying to support their childs causes. Because they dont have 10 eyes on their swiveled heads. An insurance policy to cover a few more people who 99% of the time will never be injured, is not as costly as you would think. More kids are injured from being hit, sliding and such than any other person at the park. Bottom line, if they can insure kids who will be hurt, they can damn sure insure the fans who are unlikely to be hurt. But if by chance someone does get bashed in the face and their face is broken, they will be covered.

  58. Anonymous

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  59. Janet E.Mc Donald

    Yes I think it's rediculous. She waited 2 ears to sue, also the boy went over to her he said ans ask if she was all right. She said she was ok. Now she wants to sue. Get real lady. Like the article said you put yourself at risk at any sports affair. whether it be Little League or Big League, Horse Racing, Foot Ball, Hockey, etc.

  60. Buck Johnson

    Money grabbing bitch, I hope the community that she lives in, looks at this, and ignores her and her family from now on. I am assuming the baseball players dad isn't a millionaire? I agree with the other statement when you go tot he field where any acticity is going on, you must be careful. By her saying this kid did it on purpose is disgusting, hope she not loses, but she ends up paying all costs…

  61. Wendy Smith

    Jordan James no they are not responsible for this woman's injuries. You assume a risk as a spectator, period. If you are not willing to assume that risk, don't go to the ball park.

  62. Wendy Smith

    Jordan James stay away from baseball fields, please!! We'll be reading an article that you're suig a tee ball player by the end of the summer!! People ought to just get into the habit of taking responsibility for thier stupidity!!!

  63. Wendy Smith

    If you are smaet, you do not sit anywhere near kids warming up. If you are stupid, you do. To defend this lawsuit is ridiculous, there should not have to be signs posted at a baseball complex that there are baseballs being thrown and hit. Should there be? Should there really be? Because me personally, I KNOW, that when I go to a baseball COMPLEX, that there are many many baseballs flying…don't you sir?

  64. Wendy Smith

    set the precidence for where our legal system is today, that this lawsuit could even go before a judge. Without McDonalds hot coffee this lawsuit would never have happened.

  65. El Bayamones Ausente

    He doesn't understand that and prefers to ramble on and on. he thinks an 11 year old should be responsible, but not a gold digging adult. No where in this article states that the table was next to the bullpen, but that it was "Close" to the diamond. What's close? Ooo feet, 200, 300? . Obviously Jordan never either been or participated in a organized sports event. Where should the tables be? 1000 Ft? behind a wall? Of course not, because all parents with at least one line live brain cell. wants to see thier child play and knows that number 1 rule "Stay alert" and that spectators, at all levels "Are at thier own risk". Jordan news bulletin. You can be hurt sitting anywhere in the field., unless of course your in the bathroom. I know Jordan's type well, always complaining,no contribution and making everybody responsible except himself. Jordan, stay playing video games. No better not, because you can get carpal tunnel and blame Sony.

  66. Jordan James

    I have either played or hauled my kids to games for the past 40 years. Do not tell me what I know or don't know. An accident may be an accident, but that doesn't mean someone isn't responsible or liable. You have made my point. Parents want to watch their child play. Not have to watch all 6-8 games that are going on at any one time. It is difficult to watch all the kids, and the games, with just two eyes. The table should not have been placed where it was. The league should have stepped in and offered to help the woman with medical bills. The league is responsible. The woman got tired of being disrespected by the insurance company and lawyered up. Just the same as anyone would have done. The woman will win, her husbands suit will be thrown out.

  67. Jordan James

    El Bayamones Ausente No, on the back of your MLB ticket, it says "the ballpark is not responsible". Video games? Grow up little boy. Some day, your balls will drop, your voice will deepen and you will get a clue that in the real world.. just because something is labeled an accident, doesn't mean someone isn't responsible. It is the responsibility of any person, company or group to take into account the safety of all guests on said property. If you think I am wrong, try not shoveling your drive/sidewalk in the winter. Someone slips, you are responsible. Accident of water on the floor in the supermarket, someone slips, you are responsible. If your car blows a tire and gets into an accident, you are responsible. Even though you know that driving can be harmful to ones health. It is common knowledge that accidents happen while driving… so why do people sue after getting into a car wreck? Because one party is responsible.

  68. Jordan James

    I have never sued anyone. You are right, the little league should get used to the fact that their stupidity/ negligence caused a woman to get blasted in the face with a baseball thrown by a now 13 year old kid, broke her face and is now suffering pain two years after the fact. If your gas pedal sticks on your car and runs into another car, are you not responsible? Hell yes you are! Quit being stupid Wendy. Smoke another one.

  69. Wendy Smith

    I'm stupid now? Personally, I think she is stupid, and now you're stupid too :) Hey, let's all go to the ballfield together and we'll find out for sure who is actually really stupid, bet it's not me!

  70. Michael Pleva

    That last part is actually not true El Bayamones Ausente. The largest loss of insurance from a pro team is the insuring of ever spectator in the ball park whether they are sitting in the stands or not. This is one of the main reasons why they have those cards that give you free tickets and then others at severely reduced prices. They do not make a whole lot on the cheap seats as it barely covers the insurance per fan if it does at all. They need those concession stand, merchandise, etc… to really make money.

    Also why would you need to carry a policy per spectator when you have no idea how many spectators you would have game-to-game not to mention that one of them getting hit is pretty rare comparatively. The cost to insure spectators should be relatively low at a Little League park.

  71. Michael Pleva

    Probably the lawyer since the woman initially said she was okay. She probably did not think much of it but then had an ambulance chaser talk to her at the game.

  72. Nicholas Francalangia

    Well, not to be a dick, but such a system would also put a very large burden on the poor. Tenants would avoid suing corrupt landlords, because they stand a chance of being put in great debt.

    Not saying "LOL THATS CLASS WARFARE", but it's an idea that needs work. It's