A woman that was struck in the face two years ago by Little Leaguer's errant baseball has filed a personal injury lawsuit seeking over $150,000 due to damages from medical expenses to continued pain and suffering, as reported by the Huffington Post.
New Jersey resident E.L. is suing the catcher, M.M., 11, that threw the ball in her direction while she was sitting at a picnic table located by the fenced-in bullpen.
M.M. was warming up another player in the Manchester Little League at the time of the alleged injury.
The suit was filed on April 24 and stated that M.M. "assaulted and battered" the victim. The suit further states that M.M. was both intentional and reckless in his actions.
In a second count of the suit, M.M. is said to have acted in a negligent and careless action when he chose to engage "in inappropriate physical and/or sporting activity" that was in such close proximity to the plaintiff.
E.L. alleges that she has continually suffered with pain and anguish over the last two years. Furthermore, as stated in the suit, E.L. has incurred medical expenses and can no longer complete her normal daily routines.
In a third count of the suit, E.L.'s husband is suing for the loss of his wife's "services, society and consortium."
The suit is asking for a trial by jury.
M.M.'s family is represented by Anthony Pagano. In arguing that the lawsuit is both frivolous and undeserving, Pagano said, "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 that the count that alleges his client's negligence and carelessness is covered by the family's homeowner's insurance policy. However, not only are the other counts not covered by insurance, Little League has denied any coverage.
The spokesman for Little League, Steve Barr, said that he could not comment on the pending litigation, but he did state that the local leagues are responsible to have accident insurance for "coaches, players, even concession stand workers. But it does not cover spectators."
M.M.'s father, B.M., said, "The whole thing has almost been surreal…It's absurd to expect every 11-year-old to throw the ball on target…"
Little League has borne some of the brunt of B.M.'s frustration. Both he and his wife had volunteered for years as coaches and managing the concession stand – M.M. plays in three teams – but they've pulled back from all of that now.
B.M. said, "It's to the point now where we just want it to be over…Somebody else has to step in here and help us out. I just feel people should know about this, and maybe Little League can figure out a way to protect these kids."
Whether or not your claim is thought to be frivolous, it doesn't diminish your pain and suffering. Contact a personal injury lawyer to file your lawsuit, and begin to recover from your damages.