A New Jersey woman is suing a 13-year-old baseball player after the ball he was throwing hit her in the face two years ago, when the boy was 11, and caused multiple fractures. 45-year-old Elizabeth Lloyd believes the boy did it intentionally. The boy, Matthew Migliaccio, claims he was helping warm up the pitcher and it was an accident. “I ran over to see if she was all right,” he said. “She said she was OK. I was just on with warming the pitcher up, and I was not horsing around.” Lloyd is seeking $500,000 in damages.
Migliaccio’s lawyer, Anthony Pagano, stated, ”The litigation itself is disgusting. Because a kid was throwing a baseball in a bullpen session, he is forced to retain counsel.” But Lloyd’s attorney, Riaz Mian, argues that his client was permanently injured. ”He throws his best fastball over the bullpen into the picnic area, striking my client in the face,” Mian told the Asbury Park Press. “Life is now different for my client.” The lawsuit is being filed because the two sides were not able to come to an agreement through their insurance companies. Lloyd had to have reconstructive surgery after the accident and suffers from headaches.
The media relations director for Little League, which Migliaccio was playing for at the time, issued the following statement regarding liability: “There is an inherent risk for spectators at any baseball game. Our local leagues have accident insurance that covers only league-related personnel (coaches, players, etc.), and only in league-related activities. That insurance does not cover spectators.”
The suit was filed on April 24th. No court date has been set yet.
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