What balls. Plaintiff should have gone to the library – and sat away from the shelves so nothing could fall on her. May the judge find in favor of the defendant and rule that his family’s legal costs be picked up by the loser.
That’s the problem. The people who file these bogus lawsuits do NOT have to pay the defense costs when they lose. That’s why insurance companys often settle for “nusiance” amounts to avoid the cost of going to trial. It’s the bread and butter of the ambulance chasing industry.
We need a loser-pays system like some other nations have. All of a sudden, these nusiance suits would simply evaporate because it would become cost-effective to fight them in court.
Should have used a mitt instead of her mug. Good way to improve upon ugly – except she got mean added to ugly. Maybe the kid can get signed and be a star – with the Mets. Good arm, just a little off base. Calling Nuke LaRouche.
“And Lloyd’s husband, in a third count, is suing for the loss of “services, society and consortium” of his wife.” Really??? She was hit in the face, just put a bag over it!
This sounds like a perfectly legitamate lawsuit to me, and an excellent example of why one needs personal liaiblity insurance. One the the true values of insurance is that the insurance company pays to defend or settle the claim, as they see fit. If the kid was negligent in injurying the lady, then pay her for her injury, med pay, pain and suffering etc. If there is a certain degree of risk assumed by parties attending these events, then that will be taken into consideration, and perhaps there is no or litle negligence on the part of the kids. I do not see what the big deal is with this one. This is what happens everyday with insurance claims.
What I am really suprised about is that the attorney would claim the the kids action were deliberate and intentional. Although the kid is a minor, intentional acts are excluded in an insurance policy. If I were the attorny, I would not be providing a reasonable exclusion to coverage in my suit against the kid and his family. Yes I know the intentional exclusion will probably not apply to an 11 year old.
Whatever happened to duty of proper lookout or assumption of risk at a ballpark? This lady needs to get shut down in court. We can’t have ballplayers and parents be liable for injuries like this at a ballpark
Maybe their neighbor across the street will agree to help out and provide a corner in his front yard for a yard of river rock to be delievered. Neighborhood kids could then all band together and participate in “throwing practice” !
I’d contribute to the kitty for the 1st yard of rock!
She & her husband should be ashamed of themselves. Suit on an 11 year old? She probably lives in a house she can’t afford, spends every dime she makes and is up to her eyeballs in credit card debt. Someone looking for the “easy” way out of their own personal mess they created.
Completely irritated: you have summed it up perfectly. This would not have happened when I was in little league. Everyone KNOWS that you take risk upon yourself when you go to the ball park. Sorry she got hit, my apologies, and that would have been the end of it, when I was young; in fact, not only would folks NOT make a case of this, no lawyer worth his diploma would have taken such a case either. These folks are just looking for quick cash; I can understand a shark attorney taking the case, he’s looking for a payout too, but all this does is make a good case against personal injury lawyers. Integrity has taken a big hit in recent years, ever since GREED became, for lack of a better word, “good”, just because it “works”.
The whole thing is ridiculous. She should have sat at a table further away from the bull pen. If the kid was willfully tossing balls at here it would be a different issue. Can’t imagine how much she would sue a pro for. Wonder what she would do if it were her kid that threw a ball and accidently hit someone…………
These people should be ashamed of themselves, suing an 11 yr old because he threw a ball that wasn’t caught. Then to top it off the husband is suing for loss of services, society and consortium. How DARE they.
Absolutely ridiculous. Wonder what she would sue a pro for????? What would happen if it were her child who was being sued…..She would be appalled. I agree with completely irritated. Just looking for the easy way out. Give that woman an “easy” button
Frivolous lawsuits such as this only exist because there is a lawyer willing to pursue it. To suggest this is intentional lacks merit and common sense. It’s no accident this has received national attention and the plaintiff and plaintiff’s lawyer are not willing to comment. Their actions speak for themselves.
soo…. she has pain and suffering? what about the 11 year old CHILD who will never throw a baseball again because of what he thinks he will have to go thru every time someone might get hit!?
She was sitting near the bull pen??? Got hit by a ball and said it was done on purpose?? Can I have a bat please? Any Judge that takes or listens to this case should be thrown off the bench! She should have to pay damages to this kid!!!
I think the child needs to sue the lady with the gall to sue a little kid for her own negligence. Any person with sound mind should know that sitting close to 11 year olds throwing a baseball could get hit by one. I think the pain and suffering this child will have throughout his life is worth millions of dollars. Go for it kid.
Unfortunately, this sort of frivolous lawsuit is the norm not an aberration. Greedy, unscrupulous lawyers are to blame for this trend.
Anyone with a smidgen of brains knows or should know that attendance at an athletic event, whether involving Little Leagues or professionals, can become hazardous at any time. To sue a child, when one makes the decision to park one’s behind in an area where there was game/practice related activity ongoing, i.e. pitcher/catcher warm ups, batting, etc.
Hopefully, this will be tossed. Also, hopefully, some judge will tell this goofy woman & her husband how idiotic they truly are.
Your kidding right!!!! First of all this should not have gotten as far as it has. Somebody at the courthouse should have had the balls to throw this out before this lawsuit was even pitched.
I agree with Shady Lady…she sat next to a BULLPEN to READ??? My husband has been a coach for 7 years, and while umpiring a game, was hit in the face by a foul tip that broke his nose. The player was 5. I guess he should have sued him??? This is a perfect example of what this country has become and why we need tort reform….NOW!!! And the husband is suing for consortium??? SHAME ON HIM!!!
Mom and Dad, If you are reading this. It be helpful if you or a friend would start a website or Facebook Page to help pay for your defense. I would be willing to give a couple of Bucks. That way you could counter sue on behalf of your Son. I do not like lawsuits, however, this is probably this women’s 20th suit, just trying to get over. She needs to be taught a lession. The suit is totally without merit. If you start one I will chip in. Good Luck!
If a website is started for a legal defense fund, please email me too. I would gladly contribute for a countersuit against this lady and her husband. The pain and suffering this kid has dealt with, as well as his parents, is certainly more than a crazy lady with a broken nose and a bruised ego. Start a website using Godaddy’s ‘website tonight’ package and use paypal to take contributions for a legal defense fund as well as a countersuit fund. You can have the website set up in just a couple of hours (godaddy will assist) and adding the paypal feature is simply a matter of copying and pasting the HTML code they provide you into the website. Very easy to do. It’s about time America stood up against these types of lawsuits. If more people counter-sued, the frivolous suits would stop.
I’d like to see how this happened, it should not prevail. I can’t understand why the Little League is not involved regarding facilities? Any rate, everybody should have there day in court, but assumption of risk, look out should prevail!
How did the ball get out of the fenced in bullpen? Is this similar to a fenced in batting cage? If so, sounds like Little League may have some trouble…
Where does the constitution say that everyone has a right to their day in court? They have a right to due process. It doesn’t say that we should waste billions in a system to give every little whinny cry-baby a jury trial.
Do these people have children??? I hope not, what a terrible example they are providing for them. Do they not have medical insurance? What was she thinking when she chose to sit at a picnic table near a bull pen. Did she not think she needed to be aware of her surroundings? We have been a fast pitch softball family for 15 years. I was hit in the back of the head by a line drive ball, our vehicles have dents and dings from foul balls, our daughters have had various injuries while playing the sport. Never, ever would we consider suing for these incidents. Youth sports are about teaching the fundamentals and stragety of the particular sport in which they are active. Other important aspects of youth sports include teaching/learning life lessions and “good” sprotsmanship. I guess this is a lesson in how not to behave, that our legal system is out of control, and the absurdity of some people in our world. Hopefully something positive can be learned from this unfortunate situation. Maybe this lady and her husband can find it in their hearts to realize the injustice of their actions and to forgive this young boy for the pain they allege he has caused. Best wishes to the Baseball Family.
Send this in to “Is it Legal” on the O’Reilly Factor. This would be right up their alley. What vile, disgusting people, and worse yet, the vile and disgusting attorney who woud take such a case. What ever happened to common sense??
This story rips my heart out for the Migliaccio’s. I know from experience how much you can pay just to defend yourself from a frivilous lawsuit. That is what is wrong with the system. What an unfair thing to endure. She assumed the risk being next to field. I know the kid’s family wants it over but I really hope the plaintiffs don’t get a dime.
What balls. Plaintiff should have gone to the library – and sat away from the shelves so nothing could fall on her. May the judge find in favor of the defendant and rule that his family’s legal costs be picked up by the loser.
That’s the problem. The people who file these bogus lawsuits do NOT have to pay the defense costs when they lose. That’s why insurance companys often settle for “nusiance” amounts to avoid the cost of going to trial. It’s the bread and butter of the ambulance chasing industry.
We need a loser-pays system like some other nations have. All of a sudden, these nusiance suits would simply evaporate because it would become cost-effective to fight them in court.
Should have used a mitt instead of her mug. Good way to improve upon ugly – except she got mean added to ugly. Maybe the kid can get signed and be a star – with the Mets. Good arm, just a little off base. Calling Nuke LaRouche.
I wonder if her husband thought it was a night game and punched her lights out to make it look more convincing at the hospital.
“And Lloyd’s husband, in a third count, is suing for the loss of “services, society and consortium” of his wife.” Really??? She was hit in the face, just put a bag over it!
“…loss of services…” coupled with painful facial injury, you do the math!
This sounds like a perfectly legitamate lawsuit to me, and an excellent example of why one needs personal liaiblity insurance. One the the true values of insurance is that the insurance company pays to defend or settle the claim, as they see fit. If the kid was negligent in injurying the lady, then pay her for her injury, med pay, pain and suffering etc. If there is a certain degree of risk assumed by parties attending these events, then that will be taken into consideration, and perhaps there is no or litle negligence on the part of the kids. I do not see what the big deal is with this one. This is what happens everyday with insurance claims.
What I am really suprised about is that the attorney would claim the the kids action were deliberate and intentional. Although the kid is a minor, intentional acts are excluded in an insurance policy. If I were the attorny, I would not be providing a reasonable exclusion to coverage in my suit against the kid and his family. Yes I know the intentional exclusion will probably not apply to an 11 year old.
You are confused. It is not a legitimate lawsuit. It is frivolous. It is a good example of why you protect yourself with insurance.
If this lady wins, this country is screwed up beyond repair.
Whatever happened to duty of proper lookout or assumption of risk at a ballpark? This lady needs to get shut down in court. We can’t have ballplayers and parents be liable for injuries like this at a ballpark
So now they have a pissed off 14 year old with a good arm and a grudge in the neighborhood. I see more claims in their future…
Maybe their neighbor across the street will agree to help out and provide a corner in his front yard for a yard of river rock to be delievered. Neighborhood kids could then all band together and participate in “throwing practice” !
I’d contribute to the kitty for the 1st yard of rock!
Assumption of risk standard will prevail. Always does. Too bad it caused the kid and his family so much anxiety.
She & her husband should be ashamed of themselves. Suit on an 11 year old? She probably lives in a house she can’t afford, spends every dime she makes and is up to her eyeballs in credit card debt. Someone looking for the “easy” way out of their own personal mess they created.
Completely irritated: you have summed it up perfectly. This would not have happened when I was in little league. Everyone KNOWS that you take risk upon yourself when you go to the ball park. Sorry she got hit, my apologies, and that would have been the end of it, when I was young; in fact, not only would folks NOT make a case of this, no lawyer worth his diploma would have taken such a case either. These folks are just looking for quick cash; I can understand a shark attorney taking the case, he’s looking for a payout too, but all this does is make a good case against personal injury lawyers. Integrity has taken a big hit in recent years, ever since GREED became, for lack of a better word, “good”, just because it “works”.
The whole thing is ridiculous. She should have sat at a table further away from the bull pen. If the kid was willfully tossing balls at here it would be a different issue. Can’t imagine how much she would sue a pro for. Wonder what she would do if it were her kid that threw a ball and accidently hit someone…………
These people should be ashamed of themselves, suing an 11 yr old because he threw a ball that wasn’t caught. Then to top it off the husband is suing for loss of services, society and consortium. How DARE they.
Absolutely ridiculous. Wonder what she would sue a pro for????? What would happen if it were her child who was being sued…..She would be appalled. I agree with completely irritated. Just looking for the easy way out. Give that woman an “easy” button
Frivolous lawsuits such as this only exist because there is a lawyer willing to pursue it. To suggest this is intentional lacks merit and common sense. It’s no accident this has received national attention and the plaintiff and plaintiff’s lawyer are not willing to comment. Their actions speak for themselves.
This is a prime example why we need a loser pays system. And quite frankly, I don’t believe we even need a jury trial system for civil issues.
I just can’t imagine that the insurance policy for this little league organization didn’t include the athletes as insureds under the liability policy…
The sad part is this person gets to vote…and procreate.
I would bet the 11 year old is more mature and logical than this woman. This makes me sick.
soo…. she has pain and suffering? what about the 11 year old CHILD who will never throw a baseball again because of what he thinks he will have to go thru every time someone might get hit!?
She was sitting near the bull pen??? Got hit by a ball and said it was done on purpose?? Can I have a bat please? Any Judge that takes or listens to this case should be thrown off the bench! She should have to pay damages to this kid!!!
I think the child needs to sue the lady with the gall to sue a little kid for her own negligence. Any person with sound mind should know that sitting close to 11 year olds throwing a baseball could get hit by one. I think the pain and suffering this child will have throughout his life is worth millions of dollars. Go for it kid.
Unfortunately, this sort of frivolous lawsuit is the norm not an aberration. Greedy, unscrupulous lawyers are to blame for this trend.
Anyone with a smidgen of brains knows or should know that attendance at an athletic event, whether involving Little Leagues or professionals, can become hazardous at any time. To sue a child, when one makes the decision to park one’s behind in an area where there was game/practice related activity ongoing, i.e. pitcher/catcher warm ups, batting, etc.
Hopefully, this will be tossed. Also, hopefully, some judge will tell this goofy woman & her husband how idiotic they truly are.
Your kidding right!!!! First of all this should not have gotten as far as it has. Somebody at the courthouse should have had the balls to throw this out before this lawsuit was even pitched.
I agree with Shady Lady…she sat next to a BULLPEN to READ??? My husband has been a coach for 7 years, and while umpiring a game, was hit in the face by a foul tip that broke his nose. The player was 5. I guess he should have sued him??? This is a perfect example of what this country has become and why we need tort reform….NOW!!! And the husband is suing for consortium??? SHAME ON HIM!!!
Probably wouldn’t get much! BWhahahahaha
Mom and Dad, If you are reading this. It be helpful if you or a friend would start a website or Facebook Page to help pay for your defense. I would be willing to give a couple of Bucks. That way you could counter sue on behalf of your Son. I do not like lawsuits, however, this is probably this women’s 20th suit, just trying to get over. She needs to be taught a lession. The suit is totally without merit. If you start one I will chip in. Good Luck!
me too
If a website is started for a legal defense fund, please email me too. I would gladly contribute for a countersuit against this lady and her husband. The pain and suffering this kid has dealt with, as well as his parents, is certainly more than a crazy lady with a broken nose and a bruised ego. Start a website using Godaddy’s ‘website tonight’ package and use paypal to take contributions for a legal defense fund as well as a countersuit fund. You can have the website set up in just a couple of hours (godaddy will assist) and adding the paypal feature is simply a matter of copying and pasting the HTML code they provide you into the website. Very easy to do. It’s about time America stood up against these types of lawsuits. If more people counter-sued, the frivolous suits would stop.
I’d like to see how this happened, it should not prevail. I can’t understand why the Little League is not involved regarding facilities? Any rate, everybody should have there day in court, but assumption of risk, look out should prevail!
How did the ball get out of the fenced in bullpen? Is this similar to a fenced in batting cage? If so, sounds like Little League may have some trouble…
Where does the constitution say that everyone has a right to their day in court? They have a right to due process. It doesn’t say that we should waste billions in a system to give every little whinny cry-baby a jury trial.
Do these people have children??? I hope not, what a terrible example they are providing for them. Do they not have medical insurance? What was she thinking when she chose to sit at a picnic table near a bull pen. Did she not think she needed to be aware of her surroundings? We have been a fast pitch softball family for 15 years. I was hit in the back of the head by a line drive ball, our vehicles have dents and dings from foul balls, our daughters have had various injuries while playing the sport. Never, ever would we consider suing for these incidents. Youth sports are about teaching the fundamentals and stragety of the particular sport in which they are active. Other important aspects of youth sports include teaching/learning life lessions and “good” sprotsmanship. I guess this is a lesson in how not to behave, that our legal system is out of control, and the absurdity of some people in our world. Hopefully something positive can be learned from this unfortunate situation. Maybe this lady and her husband can find it in their hearts to realize the injustice of their actions and to forgive this young boy for the pain they allege he has caused. Best wishes to the Baseball Family.
Send this in to “Is it Legal” on the O’Reilly Factor. This would be right up their alley. What vile, disgusting people, and worse yet, the vile and disgusting attorney who woud take such a case. What ever happened to common sense??
This story rips my heart out for the Migliaccio’s. I know from experience how much you can pay just to defend yourself from a frivilous lawsuit. That is what is wrong with the system. What an unfair thing to endure. She assumed the risk being next to field. I know the kid’s family wants it over but I really hope the plaintiffs don’t get a dime.