Lady Sues Little League Catcher

[psuexv]

:smh:

http://espn.go.com/espn/story/_/id/8085065/new-jersey-woman-sues-little-league-catcher


MANCHESTER TOWNSHIP, N.J. -- 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 from the 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.

"I ran over to see if she was all right," Migliaccio, who is now 13, told the Asbury Park Press. "She said she was OK. I was just on with warming the pitcher up, and I was not horsing around."

Anthony Pagano, a lawyer for Migliaccio and his family, says the lawsuit is "frivolous" and "disgusting."

A Little League spokesman said the league's insurance covers coaches and players but not spectators.

Bob Migliaccio, Matthew's father, told the Asbury Park newspaper that he thought the Manchester Little League or Little League International would assist the family after the incident.

"I want to be clear: The litigation does not shock me. People sue people every day," Bob Migliaccio told the Press. "What I was surprised about was the lack of answers and support from Little League. I cannot believe that they would not help out in this issue."

Lloyd's lawyer could not be reached.

[SmoothPancakes]

To once again save mors the time (and because I have the same response) :D

I'm fucking hate people. :fp:

[psuexv]

To once again save mors the time (and because I have the same response) :D

I'm fucking hate people. :fp:

Absolutely

[JBHuskers]

Dumb. Bitch.

[psusnoop]

:+1:

[ryby6969]

Should have hit her with an aluminum bat!

[ram29jackson]

years ago,my best friend was playing catch with me and threw a softball that hit me square in the nose...I didnt sue him. :)

on top of that, that same friend played soccer and got kicked in the nose which caused constant bleeding that had to be sergicly corrected if I remember correctly?

but he never sued the guy that kicked him. It was understood that it was just something that happened.

[JBHuskers]

I'd like to see what this hooch looks like to have $150k in medical expenses on her face. She's probably so fugly that I'd ask for $149,999.50 back.

[JSmith03]

If you choose to go to a sporting even like baseball, you should understand that there's a SLIGHT possibility you could get hit with a ball. Don't wanna get hit? Stay at home.

What, if I decide to a basketball game and Dwight Howard decides to viciously block a shot that happens to go into my face, should I sue him? Jeez...

[JBHuskers]

Kinda like a porn chick suing for getting shot in the eye. Know your surroundings.

[JSmith03]

Just skimmed an article...the lady is saying she believes the throw was intentional and that she suffered "severe" and "permanent" injuries. She also said he "assaulted and battered" her by throwing that ball. :glare:

[JBHuskers]

http://i641.photobucket.com/albums/uu137/laliubhi/2.gif

[CLW]

Days like this make me oh so..... PROUD to have a J.D. :smh: :fp:

[morsdraconis]

http://i641.photobucket.com/albums/uu137/laliubhi/2.gif

I would do that to the judge if this shit isn't IMMEDIATELY thrown out of court.

[JBHuskers]

I would do that to the judge if this shit isn't IMMEDIATELY thrown out of court.

Plus Fucking One.

[CLW]

The SICKER part is this case will in all likely hood require the family to pay for a lawyer all the way up to a trial. Any Plaintiff's attorney can survive a motion to dismiss or motion for summary judgment and a it will be a question of fact whether the boy either (1) negligently hurt the woman or (2) intentionally did it. Those claims are VERY easy to get it at least to the jury b/c judges are NEARLY ALWAYS hesitant to dismiss those cases because they see it as a fact question for the jury.


Of course, this plaintiff's lawyer knows this and will drag the case out and require the family (who has no insurance) to put up the defense costs (people like me aren't cheap/free) and I'm sure they are hoping the bad PR will force the Little League's insurance to settle and/or crush the family financially into a quick settlement.

[JBHuskers]

I still think we should change the title under CLW from Donator to TGT Resident Lawyer

[souljahbill]

I still think we should change the title under CLW from Donator to TGT Resident Lawyer

Maybe you should speak to one of the guys who runs the site about it.

[CLW]

I should note that there is at least "some" hope for a dismissal since the Defendant in this case (the boy) is a minor. Assuming, NJ follows the "general rule" (each state can of course vary) there is a "rebutable presumption" that the child in this case cannot be negligent. Plaintiffs will need evidence of his age, intelligence and experiences in trying to prove he was/is capable of knowing he has a duty to others and that he didn't exercise enough caution when the ball hit the woman. In other words, after discovery (including a likely costly all day deposition of the parents and all day deposition of the child) the Plaintiff will need to prove that this boy is the exception to the general rule. (this is where a Court could hold that Plaintiff's case fails but again most judges would likely allow the jury to decide this issue as well)

Some states have held that the parents can be held "vicariously liable" (think employer responsible for employees while working on the job) for the "torts" (negligence, assault, battery, etc...) for their minor children other certain circumstances as well so if NJ allows that I'm sure the plaintiff's lawyer will go after that route as it will be much easier to collect that all important cash money.

[SmoothPancakes]

Alright, who wants to volunteer to take a baseball bat to this bitch?

[psusnoop]

CLW TGT Lawyer I like that JB.make that happen.

I agree Smooth, this is a joke and this bitch needs a little reality in her life.

[baseballplyrmvp]

why did she wait 2 years to sue the kid?

[psusnoop]

why did she wait 2 years to sue the kid?

Good question, but I'd think she has to file the suit within 2 years :dunno:

[baseballplyrmvp]

seriously though, an 11 year old cant throw a ball that hard. there's no way he could have caused permanent damage to her.

who's the dumbfuck of a lawyer to actually agreed to represent her?

[SmoothPancakes]

seriously though, an 11 year old cant throw a ball that hard. there's no way he could have caused permanent damage to her.

who's the dumbfuck of a lawyer to actually agreed to represent her?

Did you just seriously ask that question? :D

[baseballplyrmvp]

i didnt click the link and it didnt say in the excerpt. but the lawyer also needs to be hit over the head with a bat for not thinking about how stupid this lawsuit is.

[CLW]

why did she wait 2 years to sue the kid?

Each state has a limit on how long you can wait but 2 years isn't uncommon. moreover, 2 years after the fact limits the evidence against the plaintiff and allows the plaintiff to pile up a bunch of medical bills to show how "permanently injured" the plaintiff is.


Good question, but I'd think she has to file the suit within 2 years :dunno:

Yeah its probably NJ's "statute of limitations" (basically a deadline that requires you to file a suit within X years - depending on what the claim is)


seriously though, an 11 year old cant throw a ball that hard. there's no way he could have caused permanent damage to her.

who's the dumbfuck of a lawyer to actually agreed to represent her?

lawyers will represent anyone if they think they can get a potential pay day out of it. look there are far too many of us running around and a bunch of people have absolutely ZERO business practicing law (i.e. they are a moron) so when they barely graduate and barely pass the bar they setup their own shop as a solo and then take anything/everything that comes there way.

plaintiffs ALWAYS claim "permanent" injury in their Complaint for damages. LOL reminds me of a case where the woman claimed a "permanent" injury from basically a slight "burn" i.e. she touched something that was hot. her treatment? a bag of ice at the gas station. she was represented by a lawyer that demanded $50K for a settlement (basically the cost to defend the case through trial and appeal). client decided they would rather pay us and the jury deliberated for 45 minutes before returning a defense verdict.

[SmoothPancakes]

lawyers will represent anyone if they think they can get a potential pay day out of it. look there are far too many of us running around and a bunch of people have absolutely ZERO business practicing law (i.e. they are a moron) so when they barely graduate and barely pass the bar they setup their own shop as a solo and then take anything/everything that comes there way.

plaintiffs ALWAYS claim "permanent" injury in their Complaint for damages. LOL reminds me of a case where the woman claimed a "permanent" injury from basically a slight "burn" i.e. she touched something that was hot. her treatment? a bag of ice at the gas station. she was represented by a lawyer that demanded $50K for a settlement (basically the cost to defend the case through trial and appeal). client decided they would rather pay us and the jury deliberated for 45 minutes before returning a defense verdict.

That answers, mvp, is why I said did you just seriously ask that question. :D There are so many lawyers in this country that are like a pack of fucking vultures. If they see a chance for easy money, they swoop down like vultures on a carcass. So that a lawyer was actually willing to take this lady's claims to court in a lawsuit, I am not the LEAST bit surprised. There's always some ambulance chaser out there who sees money in their eyes where everyone else is facepalming themselves.

[JBHuskers]

I.E. Gloria Allred

Sent from my DROIDX using Tapatalk 2

[JeffHCross]

Days like this make me oh so..... PROUD to have a J.D. :smh: :fp:This. Honestly, I have less of a problem with the lady suing, and more of a problem with the lawyer that is either A) recommending it, or B) Not telling her to drop it.

I hope, in addition to the $150k, she gets a new identity and relocation fees. Because she should not be able to show her face again over taking a Little Leaguer to court.