Lawsuit: Staten Island Boy Permanently Scarred By Broken T-Ball Bat

NEW YORK (CBSNewYork) -- The parents of a 5-year-old Staten Island boy are suing the maker of a plastic T-ball set that they claim seriously injured their son.

Little Daniel Ducalo and his brother were playing with their Adjust-A-Hit T-Ball Set inside their Eltingville home in May when the top half of the bat broke off and struck him in the face, attorney Gina Sgarlato told 1010 WINS.

The little boy needed more than 300 stitches, underwent plastic and reconstructive surgery and will have permanent scars on his face, Sgarlato said.

The Ducalos have filed a $4.5 million lawsuit against the makers of the toy, Franklin Sports, Inc.

"This bat, for it's intended purpose of boys swinging a bat, should have never been capable of coming apart as it did," Sgarlato said. "The expert that I have retained has taken the position that there's no reason to make this bat that it comes apart it should have been a one piece plastic bat."

So far there has been no comment from the company.

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