Woman sues 11-year-old kid after accident with a baseball

A woman hit in the face by a baseball wants $500,000 from the then-11-year-old kid who threw the ball

Elizabeth Lloyd, now 45, previously from New Jersey and now from Manchester Twp., N.J., was sitting at a picnic table five feet from a fenced-in bullpen when a baseball hit her in the face, the local Asbury Park Press reports.

Lloyd suffered multiple fractures, underwent reconstructive surgery, and still suffers headaches two years later.

Little leaguer Matthew Migliaccio, now 13, threw the ball -- a pitch that was intentional and caused serious permanent injuries, the woman's lawyer asserts.

"He throws his best fast ball over the bullpen into the picnic area, striking my client in the face," Elizabeth Lloyd's attorney told the Press about the little league lawsuit, which she filed after attempts to settle with insurance companies failed.

Migliaccio, however, says he was just helping a pitcher warm up in the bullpen and overthrew the ball on accident. "I was not horsing around," the boy told the Press.

Lloyd's little league lawsuit seeks $500,000 in damages. It claims Migliaccio was negligent and careless by "engaging in inappropriate physical and/or sporting activity" near Lloyd, the Associated Press reports.

Lloyd's husband is also part of the suit, seeking money for "loss of consortium" with his wife.

The Migliaccio family's lawyer called the suit frivolous. "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 incident happened in May 2010. Elizabeth Lloyd's little league lawsuit was filed in April, just weeks before the statute of limitations was set to expire. In New Jersey, civil lawsuits for personal injuries must be filed within two years of the incident.