Elizabeth Lloyd has filed a $150,000 lawsuit against a New Jersey boy for throwing a baseball that struck her in the face at a Little League game.
She is hoping to receive damages in order to pay her medical costs from the baseball game that took place two years ago at a Little League game in Manchester. In addition, she is seeking an undisclosed amount for her pain and suffering.
The child who threw the ball that hit Lloyd was Catcher Matthew Migliaccio, 13; he was 11-years-old at the time of the accident. He was warming up a pitcher when he struck Elizabeth, who was sitting at a picnic table near the fenced-in bullpen.
The lawsuit alleges that Migliaccio’s errant throw was intentional and reckless, “assaulted and battered” Lloyd and caused “severe, painful and permanent” injuries. Secondly, she alleges that his actions were careless and negligent through “engaging in inappropriate physical and/or sporting activity” near Lloyd. According to the lawsuit, Elizabeth is continuing to suffer anguish and pain, acquire medical expenses and is unable to do her usual activities.
In a third count, Lloyd’s husband is suing Migliaccio for the loss of “services, society and consortium” of his wife.
Migliaccio’s lawyer, Anthony Pagano, has stated that this lawsuit is “frivolous and without merit.”
“I just think that it’s disgusting that you have people suing an 11-year-old kid for overthrowing his pitcher in the bullpen,” Pagano said. “It’s horrible this can actually happen and get this far. Ultimately, hopefully, justice will prevail.”