A 13-year-old boy faces a lawsuit after he hit a woman with a baseball two years ago in Manchester, New Jersey, according to the Asbury Park Press.
Matthew Migliaccio, who was 11 at the time, was a catcher for a little league team and was warming up his team’s pitcher during a bullpen session when he overthrew a ball that hit Elizabeth Lloyd in the face.
“He throws his best fast ball over the bullpen in to the picnic area, striking my client in the face,” Lloyd’s lawyer Riaz A. Mian told the Asbury Park Press. “Life is now different for my client.”
Riaz said that the suit was filed after the insurance companies failed to reach a settlement.
Lloyd, who was at the game watching her son, alleges that the throw was intentional and is suing Migliaccio for at least $150,000 for “severe, painful and permanent” injuries and for “engaging in inappropriate physical and/or sporting activity” near Lloyd.
Her husband is also suing for loss of “services, society and consortium” of his wife. They have reportedly demanded a jury trial. A court date has not yet been set.
Migliaccio’s lawyer, Anthony Pagano, maintains that the throw was an accident and has called the lawsuit “frivolous and without merit.”
“The litigation itself is disgusting,” said Pagano to the Asbury Park Press. “Because a kid was throwing a baseball in a bullpen session, he is forced to retain counsel.”
Matthew’s father, Bob Migliaccio, described his son as a baseball junkie and said he hopes the suit will not ruin his son’s love for the game.
“Baseball is his thing,” he said to the Asbury Park Press. “He is always out there playing – He loves it. I don’t want that to change because of this.”