MANCHESTER TOWNSHIP, N.J. (AP) — 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 stemming from the incident at a Manchester Little League game two years ago. She's also seeking an undefined amount for pain and suffering.
Lloyd was sitting at a picnic table near a fenced-in bullpen when she was hit with the ball.
Catcher Matthew Migliaccio was 11 years old at the time and was warming up a pitcher.
The lawsuit filed April 24 alleges Migliaccio's errant throw was intentional and reckless, "assaulted and battered" Lloyd and caused "severe, painful and permanent" injuries.
A second count alleges Migliaccio's actions were negligent and careless through "engaging in inappropriate physical and/or sporting activity" near Lloyd. She continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her usual duties and activities, the lawsuit says.
And Lloyd's husband, in a third count, is suing for the loss of "services, society and consortium" of his wife. They've demanded a jury trial.
Anthony Pagano, a lawyer for the Migliaccios, said the 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."
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.
Lloyd's lawyer was out of the office Friday and could not be reached for comment.
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.
Matthew's father, Bob Migliaccio, said they were concerned for Lloyd when it happened. Then his son started receiving threatening and nasty letters, he said, and he started getting angry.
"The whole thing has almost been surreal," Migliaccio said. "We keep thinking it's just going to go away, and then a week and a half ago a sheriff shows up at my door to serve my son the papers."
Migliaccio said if his son had been horsing around, he would feel differently. But Matthew was doing what his coaches told him to do, he said, and noted Little League players aren't always accurate in their throws.
"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."
Migliaccio said he and his wife, Sue, would love to beat the charges in court, but it could cost them tens of thousands of dollars. They also don't want to put their son and other kids on the team through all the questions and depositions a trial would bring.
"It's to the point now where we just want it to be over," he said.
Matthew, described by his father as a "baseball junkie," still plays on three different teams. But Migliaccio and his wife have stepped down from coaching and managing the concession stand because of the suit.
Migliaccio said as angry as he is about the lawsuit, he's almost more angry with Little League. He said they've volunteered hundreds of hours over the years, and he believes Little League should assist in defending their son.
"Somebody else has to step in here and help us out," Migliaccio said. "I just feel people should know about this, and maybe Little League can figure out a way to protect these kids."
OU Administrator
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Subject: Re: Dumb People of the Day Thread Fri Jul 20, 2012 2:00 pm
Favorite Fighter(s) : Ken shamrock, Frank Shamrock, Guy Mezger, Pete Williams, you get it Lions Den Posts : 17542 Join date : 2009-07-19 Age : 37 Location : D Town
Subject: Re: Dumb People of the Day Thread Tue Jul 24, 2012 6:38 pm
18 Chinese Cops rescued a sex doll from drowning......lol
Vickie Jo Mills of Ayr Township, Pa., was arrested Thursday and charged with 10 counts of aggravated assault, 10 counts of simple assault and 10 counts of reckless endangerment after she told authorities she slipped Visine eye drops into the drinking water of her boyfriend, 45-year-old Thurman Edgar Nesbitt III.
Mills, who has a child with Nesbitt, told Pennsylvania State Police she put Visine drops, medicinally used to "get the red out" of eyes, into his drinking water 10 to 12 times since June 2009.
Nesbitt had been sick for years with symptoms such as nausea, vomiting and blood pressure and breathing problems, according to police. His doctor, Dr. Harry Johnston, alerted authorities in after detecting traces of tetrahydrozoline, a chemical found in eye drops, in Nesbitt's blood tests.
A follow up test at the police station showed Nesbitt had 49 nanograms per milliliter of tetrahydrozoline in his system, categorized by medical experts as "an extremely high level, according to the Record Herald newspaper.
Mills, according to an affidavit, "never meant to kill him [Nesbitt], only wanted him to pay more attention to her."
Mills is currently free on $75,000 bail. She appeared in Fulton County Court on Monday but was granted a continuance request made by her defense team. She will next appear in court on Sept. 17.
The 30 charges filed against her carry a maximum combined sentence of 240 years in jail and more than $300,000 in fines, according to the judge in the case, Magisterial District Judge Wendy Mellott.
Birdofthad Platinum Belt
Favorite Fighter(s) : Ken shamrock, Frank Shamrock, Guy Mezger, Pete Williams, you get it Lions Den Posts : 17542 Join date : 2009-07-19 Age : 37 Location : D Town
Subject: Re: Dumb People of the Day Thread Wed Aug 15, 2012 2:34 pm
hahah visine poisoning hahahahahahaha
anyone see the anus tattoo lady? She has 3 different names tatood in her anus.
Birdofthad Platinum Belt
Favorite Fighter(s) : Ken shamrock, Frank Shamrock, Guy Mezger, Pete Williams, you get it Lions Den Posts : 17542 Join date : 2009-07-19 Age : 37 Location : D Town
Subject: Re: Dumb People of the Day Thread Wed Aug 15, 2012 2:35 pm
Favorite Fighter(s) : Diaz Bros, Wandy, Ace, Hendo, JDS, Lima Bros,Uncle Creepy, long live Iceman Posts : 43280 Join date : 2009-07-15 Age : 38 Location : Lawton, Oklahoma
Subject: Re: Dumb People of the Day Thread Wed Aug 15, 2012 2:54 pm
Birdofthad wrote:
hahah visine poisoning hahahahahahaha
anyone see the anus tattoo lady? She has 3 different names tatood in her anus.
Life's not all about butthole pleasures.
Birdofthad Platinum Belt
Favorite Fighter(s) : Ken shamrock, Frank Shamrock, Guy Mezger, Pete Williams, you get it Lions Den Posts : 17542 Join date : 2009-07-19 Age : 37 Location : D Town
Subject: Re: Dumb People of the Day Thread Wed Aug 15, 2012 3:10 pm
imagine being the third guy to have his name tattooed inside of a girls ass?
OU Administrator
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Subject: Re: Dumb People of the Day Thread Fri Aug 17, 2012 10:08 am
Why does Arian Sanchez look so surprised? Probably because he, along with his accomplice Karl Rogers, broke into a mixed martial arts (MMA) gym in San Antonio -- only to find a bunch of fighters waiting to greet them. Can't say for sure what they were after, but I hear used cups are moving well on the streets -- if you can find someone with the cajones to move them.
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Subject: Re: Dumb People of the Day Thread Fri Aug 17, 2012 12:38 pm
Temperatures on the day of the annual Blue & Silver scrimmage were more than 100 degrees, and the bench that Carrillo sat on was black.
"The bench was uncovered and openly exposed to the extremely hot August sun," the suit, which was filed in Tarrant County civil court, states. "The combination of the nature of the black, marble bench and hot sunlight caused the bench to become extremely hot and unreasonably dangerous."
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Subject: Re: Dumb People of the Day Thread Mon Aug 20, 2012 2:23 pm
KANSAS CITY, Mo. — In an effort to explain his stance on abortion, Representative Todd Akin, the Republican Senate nominee from Missouri, provoked ire across the political spectrum on Sunday by saying that in instances of what he called “legitimate rape,” women’s bodies somehow blocked an unwanted pregnancy.
Asked in an interview on a St. Louis television station about his views on abortion, Mr. Akin, a six-term member of Congress who is backed by Tea Party conservatives, made it clear that his opposition to the practice was nearly absolute, even in instances of rape.
“It seems to me, from what I understand from doctors, that’s really rare,” Mr. Akin said of pregnancies from rape. “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down. But let’s assume that maybe that didn’t work or something: I think there should be some punishment, but the punishment ought to be of the rapist, and not attacking the child.”
The comments, made during an interview with KTVI-TV that was posted on Sunday on the station’s Web site, provoked howls of outrage from Democrats and women’s rights organizations. Senator Claire McCaskill, the Democrat who will face Mr. Akin in the November election, immediately took to Twitter with a blunt response. “As a woman & former prosecutor who handled 100s of rape cases,” she wrote, “I’m stunned by Rep Akin’s comments about victims this AM.”
Mr. Akin quickly backtracked from his taped comments, saying he “misspoke.”
“In reviewing my off-the-cuff remarks, it’s clear that I misspoke in this interview, and it does not reflect the deep empathy I hold for the thousands of women who are raped and abused every year,” Mr. Akin, who has a background in engineering and is a member of the House science committee, said in a statement. “I recognize that abortion, and particularly in the case of rape, is a very emotionally charged issue. But I believe deeply in the protection of all life, and I do not believe that harming another innocent victim is the right course of action.”
The Republican presidential ticket of Mitt Romney and Paul Ryan was quick to distance itself from Mr. Akin’s remarks.
“Governor Romney and Congressman Ryan disagree with Mr. Akin’s statement,” the campaign said. “A Romney-Ryan administration would not oppose abortion in instances of rape.”
Ms. McCaskill, who is seeking a second term in the Senate, is seen as one of the most politically vulnerable Democratic incumbents on the ballot this fall, beset by her ties to President Obama and tens of millions in dollars spent against her by outside advocacy groups.
Mr. Akin, 65, won the Senate Republican primary this month with strong support from Missouri’s religious conservatives. But he was also helped by Ms. McCaskill, whose campaign spent nearly $2 million on ads portraying Mr. Akin as ultraconservative. It was a clear attempt to bolster his candidacy among more conservative primary voters while gambling that the independents and moderate Republicans needed to win the election would be turned off by his views on social issues.
Political observers have said Ms. McCaskill’s best chance of defending her seat, and perhaps the Democrats’ majority in the Senate, is to paint her opponent as extreme.
“Claire McCaskill will certainly amplify this remark, make sure everybody’s heard it,” said Dave Robertson, a professor of political science at the University of Missouri-St. Louis.
Mike Talboy, the Democratic minority leader in the Missouri Legislature, said that he had spoken to members of both parties about Mr. Akin’s comments and had found uniform outrage.
“Nobody has defended him,” Mr. Talboy said. “That, I think, is pretty telling.”
Brian Walsh, the communications director for the National Republican Senatorial Committee, declined to address what impact Mr. Akin’s comments might have on the Senate race. But he wrote in an e-mail that “Congressman Akin did the right thing by quickly correcting the record and acknowledging that he misspoke.” He said the election would be a referendum on Ms. McCaskill’s voting record and support for the president’s agenda.
If this state is truly aligning itself with more conservative values, some believe that Mr. Akin’s comments might actually help him politically.
Jamie Tomek, president of the Missouri branch of the National Organization for Women, who lives in the county where Mr. Akin grew up and says she knows his parents, said she was not surprised by the statement and did not think it would cost him much ahead of the election.
“He is very far right and very likely to make those types of statements,” Ms. Tomek said.
Guest Guest
Subject: Re: Dumb People of the Day Thread Mon Aug 20, 2012 4:44 pm
Birdofthad wrote:
hahah visine poisoning hahahahahahaha
anyone see the anus tattoo lady? She has 3 different names tatood in her anus.
GDPofDRC Administrator
Favorite Fighter(s) : Shogun, Fedor, Wand, Saku, Hendo, BJ, Bas, Cain, Mike Vallely Posts : 21274 Join date : 2009-08-04 Age : 105 Location : Fresyes, CA
Subject: Re: Dumb People of the Day Thread Tue Aug 21, 2012 1:50 pm
Favorite Fighter(s) : Ken shamrock, Frank Shamrock, Guy Mezger, Pete Williams, you get it Lions Den Posts : 17542 Join date : 2009-07-19 Age : 37 Location : D Town
Subject: Re: Dumb People of the Day Thread Tue Aug 21, 2012 2:59 pm
ya man Hank really is a fucking tool
GDPofDRC Administrator
Favorite Fighter(s) : Shogun, Fedor, Wand, Saku, Hendo, BJ, Bas, Cain, Mike Vallely Posts : 21274 Join date : 2009-08-04 Age : 105 Location : Fresyes, CA
Subject: Re: Dumb People of the Day Thread Tue Aug 21, 2012 3:04 pm