NEW JERSEY WOMAN HIT WITH BASEBALL SUES LITTLE LEAGUE PLAYER

July 19, 2012

 

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 as the result of an incident at a little league game that happened over two years ago.  Elizabeth Lloyd is also seeking an undefined amount for pain and suffering.

 

Little League player catcher Matthew Migliaccio was 11 years old at the time and was warming up a pitcher.

 

The lawsuit which was filed on April 24^th alleges that Migliaccio errant throw was intentional and reckless, “assaulted and batters” and that Lloyd caused “severe, painful and permanent” injuries.

 

Another count alleges Migliaccio actions were negligence and careless through “engaging in inappropriate physical and or sporting activitiy, near Lloyd.  She continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her ususal duties and activities, the lawsuit says.

 

Bob Migliaccio , the father of Matthew Migliaccio stated that if his son has been horsing aroung, he would feel differently.  But Matthew was doing what his coaches told him to do, he said and noted that little league players aren’t always accurate in their throws.

 

“Its absured to expect every 11 year old to throw out the ball on target” “Everyone knows you’ve got to watch out.  You assume some risk when you go out to a field. That is just part of the game” Matthew Migliaccio said.

 

Steve Barr, a spokesman for the little league declined to comment on the litigation.  He said that each local league is required to have accident insurance, but only covers personnel.

 

“That includes coaches, players, even concession stand workers.  But it does not cover spectators” Barr said.

 

Let’s hope that this case gets toss out of court. This lawsuit is unnecessary.

Supreme Court says that pitcher needed warning about Aluminum Bat

 Frank Osekowsky August 16, 2011

A jury had ordered Louisville Slugger company that produces a CB-13 Aluminum Bat to pay the family of 18 year old Brandon Patch $850,000.00.

The reason-the bat was defective they found. Not because it was manufacturer incorrectly but because Louisville Slugger had failed to warn that it could deliver hits at a higher velocity. The American Legion pitcher was killed by a liner to the head. A tape of the game shows that Patch had 0.376 seconds to react to the hit; experts say he needed at least 0.4.

Attorneys for Louisville Slugger tried to argue that there was no evidence the pitcher in a baseball game would observe and heed such a warning and Louisville Slugger had no duty to warn anybody other than the purchaser or user of a product.

The Montana Supreme Court said that companies have a duty to warn not just consumers of their products, but just about anybody who comes in contact with them. In the context of baseball, it seems, manufactures have a duty to warn anybody in range of a hit that an aluminum bat can impact “increased exit speed” to a baseball and that makes it dangerous, apparently more dangerous than merely speedy baseball hit off a wooden bat.

The court goes a step further and decides that such a warning would actually have some effect: No mention in the decision on whether the manufactures of wooden bats should provide a warning that their products impart “increased exit speed” compared to less popular, but eminently safer, foam-rubber bats.

Let me know what your thoughts and opinions are about this case.