Woman Hit with Baseball Sues 11 Year Old

Source

Quote :

In cranky old woman news, a New Jersey woman who was hit in the face by a rogue baseball while in attendance at a Little League baseball game has filed charges against the 11-year-old boy who was responsible for the misfire.

Elizabeth Lloyd was struck by the baseball when she was sitting at a picnic table near the fenced-in bullpen where catcher Matthew Migliaccio was practicing with a pitcher. The lawsuit accuses the young baseball player of assault and battery and causing severe permanent pain to Lloyd.

No one was more shocked to hear the news than Migliaccio's parents themselves. Matthew's father, Bob, admitted that they showed concern for Lloyd at first, but when his son started receiving threatening letters and then papers serving him, the entire situation became infuriating.

"It's absurd to expect every 11-year-old to throw the ball on target," Migliaccio said. "Everyone knows you've got to watch out. You assume some risk when you go out to a field. That's just part of being at a game."

The Migliaccios know they could garner a victory if they opted to fight the charges in court, but the tens of thousands of dollars it would cost them to do so just aren't worth it. On top of that, the Migliaccios aren't receiving any sort of help from Little League in the matter.

Their only hope at this point is that maybe Elizabeth Lloyd will get distracted by her day job of chasing down one hundred and one Dalmatian puppies to make into a fur coat to follow through with the lawsuit.

That last sentence made me laugh. Honestly, though...I hope that woman get hit with harassment charges.

Can he even be sued as a minor? I'm no expert at lawyer-y stuff but shouldn't the woman be suing the venue if she's going that path?

Or, you know, not be a vindictive, spiteful shitheel?

Quote :

"It's absurd to expect every 11-year-old to throw the ball on target," Migliaccio said. "Everyone knows you've got to watch out. You assume some risk when you go out to a field. That's just part of being at a game."

so what's a picnic table doing that close to the bullpen

not like she was just sitting on the grass you know

was her nose broken or sth the writer's too busy going HAW HAW STUPID OLD HAG to say

(what sort of website is that btw 'hot women' what the fuck

maybe next time link to the reputable journal that reported the original story)

ah here we are:

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[Lloyd] continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her usual duties and activities, the lawsuit says.

that's possible

also:

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The count alleging negligence and carelessness is covered by homeowner's insurance, Pagano said, but the other counts are not. Little League has denied any coverage.

[...]

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

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

interesting

Cyberwulf wrote:

Quote :

[Lloyd] continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her usual duties and activities, the lawsuit says.

that's possible

Yes- but the news video on the site GMA linked to says that her husband is suing now, too, because he's not getting laid anymore. And that's just bullshit.

grmblfjx wrote:

Cyberwulf wrote:

Quote :

[Lloyd] continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her usual duties and activities, the lawsuit says.

that's possible

Yes- but the news video on the site GMA linked to says that her husband is suing now, too, because he's not getting laid anymore. And that's just bullshit.

oh yeah that is bullshit

but

it just seems like a lot of people are going "chortle chortle stupid old hag should've known not to sit at a picnic table near a bullpen she's clearly an evil ugly bitch"

without considering that maybe she was actually injured it's costing her money as well as whatever pain and suffering and maybe "suck it up" is not an option

Cyberwulf wrote:

without considering that maybe she was actually injured it's costing her money as well as whatever pain and suffering and maybe "suck it up" is not an option

Does that give her the right to sue the boy who threw it, though? From where I'm standing, 'sucking it up' seems about the only viable option if she wants to keep walking the high road.

Jay/Cris wrote:

Cyberwulf wrote:

without considering that maybe she was actually injured it's costing her money as well as whatever pain and suffering and maybe "suck it up" is not an option

Does that give her the right to sue the boy who threw it, though? From where I'm standing, 'sucking it up' seems about the only viable option if she wants to keep walking the high road.

Well technically I don't think she can sue HIM she'd have to sue his parents but then I get all my legal learnings off Judge Judy so

Also, what if he didn't exercise the proper care when throwing the ball?

also the high road doesn't correct a fucked up nose/face or cover lost wages or pain and suffering, and if she was sitting at a picnic table that was provided by the baseball field and not just some folding table that she brought from home then it's hardly her fault

we're only getting the sensationalised version of the story OMG SHE'S SUING A LITTLE KID THE DUMB BABY-EATING UGLY OLD HAG

ALSO this is exactly why people who organise or teach or hold any kind of sport need comprehensive insurance. We had something similar with our jujutsu class - our insurance carrier decided it wasn't going to cover Irish martial arts clubs any more, and our renshi suspended all lessons until he got a comprehensive policy with another company. Even with our new insurance policy (which covers everything from lost wages to loss of limbs and vision) we still have to sign a declaration saying we understand the risks involved in training at a martial art. Something tells me that if this woman had the option of suing an insurance company she'd be going down that route.

IIRC the video also said she tried to settle this via insurance first and the insurance company wouldn't give her anything.

Did this happen at a local park in a designated baseball area? If it is there like it is here (California being generally pretty sue-happy and all), there would be signs everywhere that warn anyone and everyone that if they're in this general vicinity, they're doing so at their own risk. You can get hit by balls, bats, helmets, etc., and by being nearby, you're assuming that risk for yourself. Picnic benches near park ballfields aren't uncommon, and if the signs existed, then sorry, she's not got a great case.

And if she was so anguished, what was with the threatening letters? Were they simply her being insistent on compensation? That I could understand (a little). But if they were threatening the kid or his family, that's definitely unreasonable. But then again, a reasonable person probably would have taken what the kid's parents' homeowners insurance would have covered (depending on how good a policy they have).

Another point: two years have gone by--I genuinely want to know what the delay was. Granted, the processes they may have gone through could have taken some time, but two years seems a little much.

There's a lot of unknown here, certainly much more than just "Nasty old woman sues kid," so it's all guessing and assumption at this point.

Quote :

IIRC the video also said she tried to settle this via insurance first and the insurance company wouldn't give her anything.

I have video issues--whose insurance? If it was the family's homeowners policy told her to stuff it, then that might affect her case; if the insurance company didn't see any validity in the claims, then a court may shrug at them, too. But again, NJ courts may be different.

Cyberwulf wrote:

Also, what if he didn't exercise the proper care when throwing the ball?

also the high road doesn't correct a fucked up nose/face or cover lost wages or pain and suffering, and if she was sitting at a picnic table that was provided by the baseball field and not just some folding table that she brought from home then it's hardly her fault

we're only getting the sensationalised version of the story OMG SHE'S SUING A LITTLE KID THE DUMB BABY-EATING UGLY OLD HAG

I get that you're playing Devil's Advocate, and I'm not trying to minimize this woman's plight, but:

• You sit down near a baseball area.
  
• There's a chance of you getting hit by a ball.

And I'm not saying it's 'her fault'. I'm just arguing that it's neither the fault of the Little League, nor of the picnic table provider, nor of the ball manufacturer. The one most at fault here is an eleven year old boy, and if anyone involved really thought the boy threw the ball with malice and forethought, the boy (or his parents) would probably have been sued earlier in the process.

So, in the end, it comes down to this: suing an 11 year old for throwing a ball in a baseball field is absurd, and it's essentially what she's doing.

Accidents happen. Of course, stupidly, insurance companies can't accept that and if you can't find a culprit, it's got to be on you. I understand that the woman wants to see her expenses compensated, and I understand that it's royally fucked up to have a system that's supposed to give money to injured parties essentially stomps over those injuries if no directly culpable culprit can be found, but neither of those points make this lawsuit any the less frivolous. Ergo: either the woman is desperate, stupid or greedy -- or a combination of all three. If you'd like to go with desperate, that's your call.

Cyberwulf wrote:

(what sort of website is that btw 'hot women' what the fuck

maybe next time link to the reputable journal that reported the original story)

I just linked to the link I originally saw the story on. Personally...I agree with the site's depiction of the woman as batshit insane, so I decided to go with it.

Cyberwulf wrote:

grmblfjx wrote:

Cyberwulf wrote:

Quote :

[Lloyd] continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her usual duties and activities, the lawsuit says.

that's possible

Yes- but the news video on the site GMA linked to says that her husband is suing now, too, because he's not getting laid anymore. And that's just bullshit.

oh yeah that is bullshit

but

it just seems like a lot of people are going "chortle chortle stupid old hag should've known not to sit at a picnic table near a bullpen she's clearly an evil ugly bitch"

without considering that maybe she was actually injured it's costing her money as well as whatever pain and suffering and maybe "suck it up" is not an option

That's no excuse for her actions. Spectating at sporting events carries risks. Hockey pucks leave the ice, basketball players crash into the stands, and God knows I can't hit a fucking golf ball straight. It's the spectator's responsibility to keep their fucking head up. What she's doing is playing in traffic then whining when she gets hit be a truck.

Granted, the first article doesn't really take a professional tone or give her fucking asinine side of the argument. But even IF she's having all the problems she claims to be having (because God knows no one would ever exaggerate or lie for money), it's not the fault of the kid or his parents. Honestly, she would probably have a better case going after the league for not making sure certain safety precautions weren't taken (many bullpens I've seen are enclosed by a net, presumably to prevent something like this).

You can only do that at soccer matches.

Cyberwulf wrote:

(what sort of website is that btw 'hot women' what the fuck

oh noes hot women

they're wearing skimpy clothes and everything

*gasp* all that womanly flesh on display, we can't have that now can we

they might get raped





For fuck's sake Cyberwulf, stop embarrassing yourself, you fucking fruitcake.





I hope that bitch gets smacked down by the court. Suing children shouldn't even be allowed.

Look everyone, it's Cyberwulf's Useful Idiot!

:blink:



Is that it?

Yep, that's the sum total of your purpose in life.

xerrofoot wrote:

For fuck's sake Cyberwulf, stop embarrassing yourself, you fucking fruitcake.

No irony here, people. Move along.

WHOOP HERE WE GO

*fuels the fire that is Xerro's Angst*

Reidmar wrote:

*fuels the fire that is Xerro's Angst*

Shh, dear, don't poke fun! It's all he has.

xerrofoot wrote:

Cyberwulf wrote:

(what sort of website is that btw 'hot women' what the fuck

oh noes hot women

they're wearing skimpy clothes and everything

*gasp* all that womanly flesh on display, we can't have that now can we

they might get raped

dude

seriously

you pick out that line

that line out of everything i said

and wildly imagine what i meant by it

which ironically is the exact opposite of what a feminist would mean by it

Quote :

For fuck's sake Cyberwulf, stop embarrassing yourself, you fucking fruitcake.

HERE XERROHOOF

DELICIOUS, DELICIOUS ATTENTION, JUST FOR YOU

YOU FOALFUCKING DIPSHIT

I think "foalfucker" is going to be my favorite insult from here on out.

Cyberwulf wrote:

xerrofoot wrote:

Cyberwulf wrote:

(what sort of website is that btw 'hot women' what the fuck

oh noes hot women

they're wearing skimpy clothes and everything

*gasp* all that womanly flesh on display, we can't have that now can we

they might get raped

dude

seriously

you pick out that line

that line out of everything i said

and wildly imagine what i meant by it

which ironically is the exact opposite of what a feminist would mean by it

i took it out of context just to watch you bitch

mission accomplished

oh cyberwulf you amuse me more than i amuse you



seriously, foalfucker is pathetic, the only thing that even makes it remotely insulting is the fact that you're insinuating i'm a paedo

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xerrofoot wrote:

seriously, foalfucker is pathetic, the only thing that even makes it remotely insulting is the fact that you're insinuating i'm a paedo

oh my god cy i am so impressed

you've trained him to insult himself

xerro wrote:

seriously, foalfucker is pathetic, the only thing that even makes it remotely insulting is the fact that you're insinuating i'm a paedo

So the implication that you fuck horses isn't what bothers you, it's the implication that you fuck underage horses?

Do you even read what you post before you post it or do you just go to /b/ and say "post ending in 69 decides what I post in reply to this bitch"?