A Staten Island dad tossed a ball to his son in his own back yard — and ended up in court.
A neighboring couple claims an errant throw during the innocent game of catch broke their young son’s nose — and they filed a lawsuit in Staten Island Supreme Court.
“It’s ridiculous,” said John Kramer, the softball-tossing dad.
Kramer, a disabled, retired city correction officer, and his son, Matthew, 17, were getting the rear patio of their Richmond Town condo ready for an outdoor dinner.
The attached condos in the Oaks at La Tourette complex have rear yards separated by privacy walls but are unfenced in the back, opening to a common grassy area.
The elder Kramer picked up a spongy softball, typically used in practices and softer than game balls, and tossed it to his son.
At the very moment Matthew tossed it back, the Kramers say, Dominick Torchio, 3, hidden behind the 6-foot-tall partition, darted out from the adjacent patio. The ball struck the toddler in the face.
“The Torchios’ child was hiding on the patio of the people next door,” John Kramer said.
“I scooped him up in my arms without hesitation and I began running toward their house,” he said.
Dominick’s mom, Allison Torchio, told The Post the ball broke her son’s nose “and completely pushed it to the side.” She declined to comment further.
But Kramer says the accident could have been prevented had the parents been outside watching their young son. He claimed Dominick and his older sister often wandered the common areas of the development unsupervised.
The condo rules prohibit ball playing, said the Kramers’ lawyer, Ed Pavia. “But I would hardly categorize what they were doing as ball playing,” he added.
The Torchio family says the Kramers should have known better, claiming in court papers the father and son knew “that small children were in close proximity and the area was not suitable for such activity. The family is seeking unspecified damages for emotional distress.
“Because of this incident, my wife and I are planning to sell and move,” Kramer said.
“It’s something I never wanted to do, but after going through this, I really don’t know if I want to live this close to anyone else again.”