Assault with a Deadly Weapon, aka a Child’s Wild Pitch

  • Sumo
Decorative Scales of Justice in the Courtroom

Decisions

Can we not step out of our house without worrying about being mauled in the face by an errant baseball?  This is a fear that must haunt Ms. Elizabeth Lloyd, a Manchester Township citizen in New Jersey.  Ms. Lloyd is suing Matthew Migliaccio, a thirteen year old Little League player, for throwing a baseball that hit her in the face while young Matthew was warming up his pitcher.  Elizabeth Lloyd was simply minding her own business at a picnic table right outside of a fenced in baseball field, when Matthew Migliaccio “intentionally” threw the baseball that hit her in the face.  Matthew is now faced with a lawsuit with over $150,000 in damages to cover Ms. Lloyd’s medical bills and any suffering Matthew’s throw may have caused.


In addition to her lawsuit, Elizabeth’s husband is also suing and both are demanding a jury trial.  To many, this case is ludicrous, but for Elizabeth she claims that the throw was “intentional and reckless,” and that Matthew was absent-minded while, “engaging in inappropriate physical and/or sporting activity.”  Matthew’s lawyer, Anthony Pagano, comments on the suit exclaiming that, “it’s disgusting that you have people suing an eleven year old kid for overthrowing his pitcher in the bullpen.  It’s horrible this can actually happen and get this far.”  The Little League does require accident insurance but that is only covered for players, coaches, and concession stand workers.  Migliaccio’s parents have been involved with the Little League and have even participated as a coach and concession stand workers.  Matthew’s father, Bob Migliaccio believes, “Little league should assist in defending their son,” and that, “people should know about this, and maybe Little League can figure out a way to protect these kids.”

In any case, Elizabeth Lloyd wants compensation for the supposedly severe and lasting injuries a single baseball thrown at distance by a thirteen-year-old has caused her.  Let’s hope she doesn’t find her self at a picnic table near any hockey rinks.  I hear those kids are brutal.