Originally Posted By: olivant
I watched this on Megyn Kelly's segment. Maybe Kly can answer this. Is there a countersuit possible here for some type of intentional infliction of harm or frivilous lawsuit?


The most the kid could get is an award of attorneys' fees, but actually for this to happen, the underlying suit must be much more frivilous than it is now. I'm sure defense counsel made a motion for the case to be dismissed at the pleadings stage for failure to state a cause of action, but if she is alleging that the boy intended to strike her with the ball, she would be seeking relief under the intentional tort of battery. It's a tough case for her to prove. I would think she would sue the baseball association, under which the boy was playing if she had been alleging negligence. The association would likely have deeper liability limits than the boy, who's probably not covered by his parents' homeowner's policy if the act is alleged to be intentional.

She's not likely to succeed if the case goes to trial. There's even a less likely chance that she'd collect anything if she wins.