Gingersnap
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Woman Sues Little League Player

Sat Jun 23, 2012 11:12 am

Quote:
MANCHESTER TOWNSHIP, N.J. (AP) -- 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.
SportsIllustrated

All seems a bit silly to me.
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ajd1992
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 11:50 am

The kid is ELEVEN!

You can't just go suing people for anything - the kid 99% did it as a mistake. $150,000 is a pathetic amount of money.
 
Maverick623
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 1:59 pm

Quote:
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.

As always, the innocent suffer while the lawyers get rich and evil folks steal from kids.

Which is sad, because there's a snowball's chance in hell of a jury ruling against a kid. The demand for the jury trial only serves to lengthen the proceedings. IMO, the woman and her husband should be locked up for harassment.
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Mir
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 3:20 pm

Quoting gingersnap (Thread starter):
All seems a bit silly to me.

Extremely idiotic, outrageous and disgusting, actually, but you've got the right idea.

Quoting Maverick623 (Reply 2):
As always, the innocent suffer while the lawyers get rich and evil folks steal from kids.

   This crap has got to stop. How a judge allowed this after two years is ludicrous. How a judge didn't throw this out of court right away is ludicrous. How Little League isn't stepping up to help out is ludicrous. And most importantly, the fact that this will probably settle and the family will have to pay anyway simply because of legal costs is just flat-out sickening.

-Mir
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Aesma
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 4:23 pm

Would the kid family really need a lawyer ? I mean, she's not suing for an accident but claims it was intentional, I don't see how that could be proven or believed.
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RussianJet
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 4:37 pm

Beyond pathetic. Words fail me.
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DocLightning
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 6:56 pm

Wouldn't the Little League have liability insurance to cover just this sort of incident?

Let me explain: if I suffer an injury because of something like this, my health insurance is going to call it an "accident" and they might refuse to pay if someone else is responsible. Now, if I need facial reconstructive surgery to get put back together, the overall bill for that can run quickly into the tens of thousands of dollars, and $150K is not outside the bounds of reality.

So the woman may well need the compensation. But the thing is that the League is supposed to carry liability insurance to cover exactly this. So why isn't she working it out with them?
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Gingersnap
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 8:56 pm

Quoting DocLightning (Reply 6):
So the woman may well need the compensation. But the thing is that the League is supposed to carry liability insurance to cover exactly this. So why isn't she working it out with them?

I tried to see if I could find out more about the situation. The insurance that covers the games didn't stretch to cover what happened to this women apparently, so she is on her own as far as medical costs go.
However she is way out of line trying to sue the young boy himself.
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Mir
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 9:15 pm

Quoting DocLightning (Reply 6):
Wouldn't the Little League have liability insurance to cover just this sort of incident?

It's common practice in major league stadiums to have the team waive all responsibility for fan injuries as a result of bats or balls that end up in the stands. I'd imagine Little League has a similar policy, which is perfectly sensible.

-Mir
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WestJet747
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 11:05 pm

Quoting DocLightning (Reply 6):
$150K is not outside the bounds of reality

For injuries caused from an errant throw by an 11-year old? I think it is highly outside the bounds of reality.

Quoting DocLightning (Reply 6):
Wouldn't the Little League have liability insurance to cover just this sort of incident?

From my experience, liability insurance carried by minor sports leagues covers only injuries/death suffered by the participants.

I never played Little League, but I did grow up playing hockey, and many of the rinks I played at had signs that said spectators watched the games at their own risk (due to pucks flying over the glass and whatnot).

It will definitely be argued that this woman chose to sit next to a bullpen at her own risk.

Quoting RussianJet (Reply 5):
Beyond pathetic. Words fail me.

Pretty good summation of the situation here.
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Airstud
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RE: Woman Sues Little League Player

Sat Jun 23, 2012 11:19 pm

Quoting DocLightning (Reply 6):
if I suffer an injury because of something like this, my health insurance is going to call it an "accident" and they might refuse to pay if someone else is responsible.

Can they actually refuse to pay, effectively denying treatment? When I worked at CIGNA in utilization review (in 1996), they told me they that in situations like that, they "pay and chase."
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BMI727
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RE: Woman Sues Little League Player

Sun Jun 24, 2012 12:02 am

An eleven year old throwing hard enough to smash a woman's face that badly? Give that boy a contract!

Quoting WestJet747 (Reply 9):
It will definitely be argued that this woman chose to sit next to a bullpen at her own risk.

To be fair, a lot of little league stadiums don't have a bullpen exactly. Pitchers just go to a nearby open space to warm up. That said, I would think that the general "watch games at your own risk" applies here.
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Mir
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RE: Woman Sues Little League Player

Sun Jun 24, 2012 12:55 am

Quoting BMI727 (Reply 11):
To be fair, a lot of little league stadiums don't have a bullpen exactly. Pitchers just go to a nearby open space to warm up. That said, I would think that the general "watch games at your own risk" applies here.

And the common sense principle of "when children are throwing baseballs nearby, keep alert".

-Mir
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Maverick623
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RE: Woman Sues Little League Player

Mon Jun 25, 2012 6:52 am

Quoting Mir (Reply 12):
common sense

Is not a legal term, or so say the lawyers.
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