This type of case would likely never see the light of day in Virginia.

A woman is suing an 11 year old (at the time) Little League catcher who's errant throw left the bullpen where he was warming up his pitcher and hit her in the face.

Her lawsuit alleges that he deliberately threw the ball at her.

There's actually a great picture here showing the relatively high fence of the bullpen and the location of the picnic bench where the lady was sitting.

Kind of a dumb place to place a picnic bench.

But think about it... its impossible that he could have thrown a fastball that gets out of the bullpen then down to hit her. If this was deliberate then some major league scout is on his way over to sign him!

Most likely its exactly as the kid described. His throw 'back to his pitcher' got away from him, rose over the fence and came down hitting her.

Painful? Yup.

Deliberate? Not a chance

Accidental? Most probably...thus no negligence.. he was 11.

I'm suprised Little League isn't standing up for the kid. News reports say that his parent are worried about the defense costs.Its actually kind of shameful that they haven't stepped forward or that, apparently, they don't have insurance coverage that would at least provide this kid and his family a defense.

Hopefull they have homeowner's coverage, that should at least provide a defense. It likely would not provide coverage if she proves that his act was deliberate.

Finally, shame on the attorney Riaz A. Mian, if he can't prove this was deliberate.

What do you think?

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.
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