Posted on 06/22/2012 10:32:43 AM PDT by AT7Saluki
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.
Anthony Pagano, a lawyer for the Migliaccio and his family, says the lawsuit is "frivolous" and "disgusting."
(Excerpt) Read more at espn.go.com ...
I’m not a lawyer and really have no clue.
If it’s just a pickup game, then yes. But this kid was at a sanctioned league event and performing a legitimate task (warming up a pitcher). I would then say no: the league or governing authority should be responsible for any damages.
i’ve was on a federal jury about an irs agennt who said he was dismissed from his job because of an non work related injury. he wanted damages because he said the office wouldn’y accomodate him. during this time he was also doing some national guard training. when we diliberated, the minority business owner wanted to give him $5000 to help his kids go to college. 2 of us said he gets $0 andn as we were independant contrators and jury duty paind $40 a day plus lunch, we said we can sit here all week. i eplained i had done exactly the same job as he described in the national guard and, if he had the injuries claimed, he could not do that. we won out and he got nothing.
second time i was asked if 2 witnesses saw the same incident and related it differently what would i beieve. i said both could be telling the truth as they saw it (meaning neither was lying) defense lawyer dismissed me and 2 jurors said “good answer.”
Sorry I can’t agree with you. If you are at a baseball field, you assume risks by attending. The only way I would agree with you is if the kid threw the ball with intent to injure or cause mischief. A pickup game in the street would be different though because someone in the area would not ordinarily expect baseballs to be thrown.
Your common sense needs adjustment. Anyone in attendance above the age of 2 knows baseballs will be thrown around and it may hurt if hit by one. Enter at your own risk.
Sideways. Makes it more memorable.
After I got out of the Navy, I got called every three years, like clockwork. (In MA, I think it is/was a three year interval for jury duty)
The first few times, I went willingly. The middle few I went grudgingly, and the last two, I stewed the entire time and generally acted like an immature pain in the ass, but I was angry. I knew very few people who ever got called for duty, but here I was, getting tagged every few years.
I went six times. On the sixth time (this is eighteen years!) I dug in my heels. I showed up late. I completely scribbled the form and got the stupid court jester angry at me, and he forced me to fill it out right. Then, when it came time to seat a jury, I got picked as one of the pool to select from. We came out and heard the particulars of the case while they did jury selection. It was a case of two guys who got stopped by the State Police with guns in the trunk, and the guys were saying the guns were planted.
When they asked if anyone thought they couldn’t impartially listen and participate in the case, I shot my hand up.
They brought me up to talk to the judge, and the attorneys. The judge asked why I thought I couldn’t impartially participate, and I said I didn’t trust the police in general, and thought it would influence me.
I remember as I said this, the defense attorney was looking thoughtfully at me, stroking his chin, and I swear I could see the cogs turning in his head...”How do I get this guy on the jury...”
The judge said “Well, we can send you home, but we will call you back another day.” At that point I flat out said (With no hesitation) “Fine. I can be impartial.” I went back and sat down, but they didn’t pick me.
I was steaming mad, though, and when I got home, I immediately sat down and typed out a scathing, nasty letter to the Commissioner of Jurors, or whatever that public “servant” was called. (Look at me...I am getting pissed again, even as I recall and write this, and this was around 1996!)
I have never been called back for jury duty since then. My main beef was that it was not being fairly distributed. I have no problem sitting on a jury or being considered for it. Nowadays, I might even welcome it. But back then, it really bothered me. Now, an excuse to get out of work and read a paperback book and possibly get on a jury doesn’t make me angry, but it really ate at me back then.
So I agree. We should serve when called, and do our best.
She assumed the risk by being near the game of baseball. If she wanted a relatively riskless activity she should have gone elsewhere.
Could we add the home plate?
Well, if the insurance company paid then THEY might go after the kid, IF they thought they could collect. I’m just not sure how liable a child is for an errant toss.
Usually it’s a batted ball that hurts people. My brother got beaned by a line drive foul ball sitting on the bench in little league. Got a concussion too.
No not the home plate, but the complete backstop would be good.
Agreed. But we'll find out.
I wouldn’t think that a minor child of 11 would be legally capable of assuming the risk of injuring a spectator or bystander when deciding whether to play or not. That risk must be considered when organizing the league though. I would say the league may be liable for damages. Whether their insurance covers spectators or not is immaterial. If they are liable, then they have to pay out of pocket. Probably when the insurance contract was being worked out, the risk was low enough that they planned to pay out of pocket in such an event, but now they’re trying to get out of it.
That’s MY unlearned, ignorant, spouting off opinion.
How stupid do you have to be to sit near a bullpen, especially in Little League, where they don’t exactly have the best control.
Puts me in mind of a Prayer for Owen Meany....
. If the kid hit a homer and broke a neighbor’s window I think we’d agree he should pay for it. Shouldn’t he pay for breaking a neighbor’s face?
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If a kid is playing in a league, and breaks a window with his homer, no way is he liable. The rec council sponsoring the game would assume liability.
That’s how I remember it from my little league coaching days.
‘Wouldn’t the pitcher have to throw the ball really hard to do that kind of damage? It would make sense if the pitcher beaned her with a fastball but this was the catcher’s throw’
You obviously are absolutely clueless about baseball and apparently clueless about sporting events and injuries.
So, why are you commenting on this thread?
Just to tell us that the woman is right?
What’s your angle?
Are you going for zero sports related injuries?
You think this is about personal responsibility on the part of the 11 year old catcher?
Did you consider the facts that the woman went to a baseball game and sat behind the bullpen where she could get hit any time just because it is a baseball game?
Is there no such thing as an accident?
Did you ever throw a baseball with an 11 year old or with anyone for that matter? If you did, did you catch every ball thrown your way?
Thanks!
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