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Woman sues Manchester Little League player over injuries from overthrown ball

MANCHESTER — Two years ago, Matthew Migliaccio was doing what any Little League catcher would do before a game: helping a pitcher with his bullpen session.

Matthew, then 11, says he overthrew the pitcher. The ball struck a spectator named Elizabeth Lloyd in the face.

Lloyd, who was watching her son play, was sitting at a picnic table 5 feet from the fenced-in bullpen area, which is down the third base line. She suffered multiple fractures.

“I ran over to see if she was all right,” Matthew, now 13, said during an interview, with his father at his side. “She said she was OK. I was just on with warming the pitcher up, and I was not horsing around.”

Lloyd, 45, of the Whiting section of Manchester, recently filed a lawsuit against the teen, seeking $153,000 in damages to cover medical costs stemming from the incident.
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It makes perfect sense for her to sue. There's very little sense in the courtrooms these days.

As for the McD's coffee case there were several hundred complaints and several injuries of peole burning their throats due to McD's coffee being served at the scalding level (can't even drink coffee at this temperature) before the woman won her court case. Never rely on the news for all the facts.
Last edited by RJM
Wish I had heard about that earlier. We have been sued by someone who got hit by an over thrown ball. Had I known about this maybe we could have persuaded that person to sue the player who threw the ball rather than us.

People really need to be alert at ball games. These things can and do happen. You can sue, but you won't win.
The legal precept is inherent risk. Go figure, would a reasonable person believe it is possible to be hit by a stray foul ball or errant throw?

Duh.

These lawsuits are not only spurious but waste everyone's time. I hope you counter-sue, PG, for intentional infliction of emotional distress.
Last edited by Bum
Just googled this. There are several other law suits by parents against coaches. I remember years ago a coach moved a kid to the outfield and the kid misjudged a ball and hit him in face. The kid played infield before. Reason for suit. Coach was accused of not properly instructing the boy how to catch a fly ball. another proof that some people are nuts.
Anybody can sue, but it does not mean the case will even get to trial. If the facts are as alleged, I would guess that case will be dismissed under the "assumption of risk" defense. In other words, anyone that puts themselves in a position where they know (or should have known) they could get hit by errant ball cannot blame someone else if they get injured.

As to the McDonald's case, most people have no clue that the cup they were using was known to break very easily and there was no reason for coffee to be as hot as lava. Cup broke, (after numerous other seriouly reported incidents), and scalded the driver's private area. I know this case is used to demonstrate a runaway jury verdict, but I believe jury thought that a person buying coffee would not have known that cup they were given would break so easily.
Years ago a kid misjudged a long fly out hit by my son. They jokingly talked about suing - it wasn't very funny - finally I said in as sweet (and non judgmental) way as possible, that their son needed to learn how to catch.

The child wasn't seriously injured, but he did have two hair line fractures in the orbital bone. Very scary moment, but not the batter's fault.
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    "finally I said in as sweet (and non judgmental) way as possible, that their son needed to learn how to catch."

Now that I would have loved to hear since it wasn't by any means an easy task to pull off successfully.

That reminds me of a night game my oldest son was pitching in. The batter hit a towering mortar shot into center field that our center fielder completely lost. Wouldn't you know it came almost straight down and landed squarely on the button of his cap. He staggered around while the left fielder chased down the ball. He came in after the inning with a embarrassed grin on his face. The whole play looked outrageously silly from the stands. I know that had to hurt...he was a real trooper.



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Several years ago in our area a family sued (700K)the high school and the travel coach for the cost of a college education and distress for not helping her get a college softball scholarship. This was after the girl was cut attempting to walk on at a D3. The case never got passed the D3 coaches affidavit.
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So, a Philly news station sent a crew to Manchester to get the story and pester the lady. (she wouldn't talk) To me, it looks like the bullpen could have been designed a little differently. It's not in a good spot. If she were sitting at the picnic tale, watching the game, I could see how she never saw it coming. And, it took a pretty bad throw to get her. For a kid who 'lives and breathes baseball', if he wasn't fooling around somehow, he might wanna consider lacrosse. I don't know about the lawsuit thing, but the LL should do something about the bullpen- either move it or put a net on top.
Last edited by AntzDad
The parking lot at is right up against the diamond at our High school. There are signs at all the entrances explaining that batted balls may leave the field and park at your own risk.

One Saturday afternoon there happened to be a ball game and a Lacrosse going on, on campus at the same time. Sure enough a foul ball goes right into the parking lot and breaks the rear window of a car. The announcer calls out the license number and no one responds.

Later after the lacrosse game gets out a lady comes up to me and asks if I am with the school, I answer no but how can I help. She responds she wants to know who she needs to talk to about getting her window paid for. I suggested that she should call her insurance and pointed out the signs. She gets flustered and says she was not there to watch baseball so why should she be worried about foul balls.

It told her I am sorry buy I couldn't help but she may want to go to the schools web site and contact the AD and he may be able to point her in the right direction. She did not like my answer and proceeded to ask everybody with any team gear on. She got the same answer from everybody. But she thought we did not understand, because she was not there to watch baseball. She came there to watch Lacrosse.

Not sure what ever happened with it but I hope she got it worked out.

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