Cop sues brain-damaged toddler's family

cdollaz · 10-11-07, 07:03 AM

http://www.chron.com/disp/story.mpl/front/5204925.html

Oct. 11, 2007, 12:38AM
Florida cop, hurt during drowning call, sues toddler's family

Associated Press

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CASSELBERRY, Fla. — A police officer who slipped and injured a knee responding to a toddler's near-drowning has sued the family of the 1-year-old boy, who suffered brain damage and can no longer walk, talk or swallow.

Casselberry Sgt. Andrea Eichhorn alleges Joey Cosmillo's family left a puddle of water on the floor, causing her fall during the rescue efforts. She broke her knee and missed two months of work.

The boy fell into the pool outside the family's home in suburban Orlando in January and now lives in a nursing home and eats and breathes through tubes.

"The loss we've suffered, and she's seeking money?" said Richard Cosmillo, 69, the boy's grandfather, who lived in the home with his wife and the boy's mother. "Of course there's going to be water in the house. He was sopping wet when we brought him in."

Eichhorn's attorney, David Heil, said she has persistent knee pain and will likely develop arthritis. He said city benefits paid by workers' compensation and some disability checks helped with medical bills, but it wasn't enough.

The lawsuit seeks unspecified damages.

"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," Heil said.

Eichhorn's personnel file includes numerous commendations. The 12-year veteran has worked as a hostage negotiator and prostitution decoy and wrestled razors away from a suicidal person.

Police Chief John Pavlis said Eichhorn was a good officer, though he urged her not to sue.

Where do you come out on this one? The lawyers quote above is quite scummy. I would think there are certain dangers inherent in the job and her action should be against the city who maybe has inadequate coverage. She was on the job and they should be covering everything.

LiquidSky · 10-11-07, 07:20 AM

I was thinking the same thing: in the line of duty. Wouldn't she be coverd by OJI?

AGuyNamedMike · 10-11-07, 07:22 AM

Quote:

Originally Posted by cdollaz

The lawyers quote above is quite scummy.

Well, he is a litigation attorney. By definition, scummy.

Quote:

...there are certain dangers inherent in the job and her action should be against the city who maybe has inadequate coverage. She was on the job and they should be covering everything.

Concur.

Here's a pic of sue-happy:

Gunde · 10-11-07, 07:33 AM

Jesus Christ what a bitch!

starman9000 · 10-11-07, 07:41 AM

Wouldn't this set a pretty horrible precedent?

UncleGramps · 10-11-07, 07:47 AM

Looks like she can rent out her enormous forehead as ad space to cover her medical bills.

Also, what a ridiculous suit. I would imagine injuries like that are a common risk in her line of work, and she should take more responsibility for ensuring her own safety.

cdollaz · 10-11-07, 08:00 AM

Quote:

Originally Posted by AGuyNamedMike

Well, he is a litigation attorney. By definition, scummy.

Concur.

Here's a pic of sue-happy:

Wait, the article said she fell on her knee. It must have been a typo.

kenbuzz · 10-11-07, 08:25 AM

Update:
http://www.cfnews13.com/News/Local/2...ue_family.html

Quote:

The Casselberry Police Department does not support a lawsuit by one of its officers against the family of the boy she rescued.

Sergeant Andrea Eichhorn is suing the family of 1-year-old Joey Cosmillo. Cosmillo nearly drowned in the family's backyard pool, and Eichhorn was one of the officers called in to save her.

According to Eichhorn's suit, the family did not clean up the water from the pool. That caused her to slip and fall while rescuing Cosmillo. Eichhorn was off the job for two months after breaking her knee.

Cosmillo suffered brain damage, and now receives 24-hour nursing care. He also needs breathing and feeding tubes.

Casselberry's police chief, John Pavlis released a statement Wednesday, saying: "I do not support the lawsuit filed by Sgt. Eichhorn and her attorney... What happened to the Sergeant was an accident. She has been compensated for all time off the job due to this injury."

Also, you may want to click the "Officer Sues Family" video link on the above-linked page.

DVD Josh · 10-11-07, 08:27 AM

Quote:

Originally Posted by AGuyNamedMike

Well, he is a litigation attorney. By definition, scummy.

You mean PERSONAL INJURY litigation attorney. Don't lump me in with this shithead.

kenbuzz · 10-11-07, 08:30 AM

The Attorney: http://www.heil-law.com/

His specialities:
• Auto Accidents
• Theme Park Accidents
• Slip & Fall
• Dog Bites
• Homeowners Cases
• Motorcycle Accidents
• Medical Malpractice
• Neck & Back Injuries
• Pool Accidents
• Defective Products
• Legal Advice
• Insurance Policy Disputes
• Boating Accidents
• Pedestrian Accidents
• Brain Injuries
• Workers Compensation
• Pharmacy Negligence
• Burn Cases
• Nursing Home Neglect
• Sexual Harrasement

Giles · 10-11-07, 08:35 AM

Quote:

Originally Posted by UncleGramps

Looks like she can rent out her enormous forehead as ad space to cover her medical bills.

Also, what a ridiculous suit. I would imagine injuries like that are a common risk in her line of work, and she should take more responsibility for ensuring her own safety.

you'd think, but alas she doesn't seem that bright.

JasonF · 10-11-07, 08:38 AM

Quote:

Sergeant Andrea Eichhorn is suing the family of 1-year-old Joey Cosmillo. Cosmillo nearly drowned in the family's backyard pool, and Eichhorn was one of the officers called in to save her.

According to Eichhorn's suit, the family did not clean up the water from the pool. That caused her to slip and fall while rescuing Cosmillo. Eichhorn was off the job for two months after breaking her knee.

"Oh my god! Joey's drowning! Quick, you call 911 and I'll grab a mop!"

AGuyNamedMike · 10-11-07, 08:40 AM

Quote:

Originally Posted by DVD Josh

You mean PERSONAL INJURY litigation attorney. Don't lump me in with this shithead.

Sorry, noted.

Tracer Bullet · 10-11-07, 08:46 AM

Absolutely ridiculous. It should be immediately thrown out of court.

Mrs. Danger · 10-11-07, 09:55 AM

If she had slipped on a banana peel, or something besides water, maybe. But in a drowning case, you should be expecting water.

I hope the judge throws the case out with extreme prejudice.

TheNightFlier · 10-11-07, 10:06 AM

Wow, hope this gets tossed immediately.

bunkaroo · 10-11-07, 10:08 AM

I don't see why the police force or the city aren't covering this medical expense.

Now, if she's going broke because of medical bills related to this, I could see trying to get some money from the defendant's homeowner's insurance, but I surely hope she's not going after their personal property or assets.

grrrah · 10-11-07, 10:13 AM

Can the family sue her for not saving their toddler from severe brain injuries?

cdollaz · 10-11-07, 10:20 AM

Quote:

Originally Posted by bunkaroo

I don't see why the police force or the city aren't covering this medical expense.

At least in private industry, that is the main reason they pay for worker's compensation. Although they have strict liability and their worker's comp must cover the employee under most situations (this one would definitely apply), it also releases the employer of any other duty to compensate and they can't be sued by the employee. Not sure if it is the same for govt. agency employers.

Her best action may be against the insurer. That stuff probably varies from state to-state. I think in some states, worker's comp is offered by private insurance companies and in others, by the state.

nateman · 10-11-07, 10:26 AM

Quote:

Originally Posted by grrrah

Can the family sue her for not saving their toddler from severe brain injuries?

You make a good case.

Quote:

she has persistent knee pain and will likely develop arthritis.

Oh yeah, poor woman is going to have arthritis & that toddler only has brain damage. Basically she’s suing because she’ll probably have arthritis when she gets older; & I thought that guy who sued god was crazy! He’s sane compared to this Looney bin.

Jadzia · 10-11-07, 11:14 AM

That's just wrong. So if someone got shot, would she sue if she slipped in their blood puddle? I don't think mopping is a priority in a life or death situation.

If the police force is not covering her medical bills, she should sue them, not the victim's family.

Bandoman · 10-11-07, 12:21 PM

Quote:

Originally Posted by Mrs. Danger

If she had slipped on a banana peel, or something besides water, maybe. But in a drowning case, you should be expecting water.

I hope the judge throws the case out with extreme prejudice.

You mean you hope they kill her?

Bandoman · 10-11-07, 12:23 PM

And to address the case for a second, it is complete horseshit. To prove negligence, she would have to prove that the family did not act the way a reasonably prudent person would act under the circumstances. The last phrase is key. In a life-and-death emergency like that, NO ONE would be expected to worry about cleaning up the water dripping off their drowning child DURING RESCUE EFFORTS.

Heat · 10-11-07, 12:47 PM

For what it's worth, I’m sure her plan was to get a settlement from the homeowner’s insurance policy, not to actually take the parents to court.

KillerCannibal · 10-11-07, 12:48 PM

In a situation like this I honestly wonder just what the hell this woman is thinking. Does she really need money that bad that she's willing to sink to scumbag levels to get it? It's like people can't wait for something like this to happen to them so they can sue, since it seems to be the national pastime.

10-11-07, 07:03 AM	#1
cdollaz DVD Talk Legend Join Date: Feb 2002 Location: Sugar Land, TX Posts: 12,914	Cop sues brain-damaged toddler's family http://www.chron.com/disp/story.mpl/front/5204925.html Oct. 11, 2007, 12:38AM Florida cop, hurt during drowning call, sues toddler's family Associated Press TOOLS Email Get section feed Print Subscribe NOW Comments CASSELBERRY, Fla. — A police officer who slipped and injured a knee responding to a toddler's near-drowning has sued the family of the 1-year-old boy, who suffered brain damage and can no longer walk, talk or swallow. Casselberry Sgt. Andrea Eichhorn alleges Joey Cosmillo's family left a puddle of water on the floor, causing her fall during the rescue efforts. She broke her knee and missed two months of work. The boy fell into the pool outside the family's home in suburban Orlando in January and now lives in a nursing home and eats and breathes through tubes. "The loss we've suffered, and she's seeking money?" said Richard Cosmillo, 69, the boy's grandfather, who lived in the home with his wife and the boy's mother. "Of course there's going to be water in the house. He was sopping wet when we brought him in." Eichhorn's attorney, David Heil, said she has persistent knee pain and will likely develop arthritis. He said city benefits paid by workers' compensation and some disability checks helped with medical bills, but it wasn't enough. The lawsuit seeks unspecified damages. "It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," Heil said. Eichhorn's personnel file includes numerous commendations. The 12-year veteran has worked as a hostage negotiator and prostitution decoy and wrestled razors away from a suicidal person. Police Chief John Pavlis said Eichhorn was a good officer, though he urged her not to sue. Where do you come out on this one? The lawyers quote above is quite scummy. I would think there are certain dangers inherent in the job and her action should be against the city who maybe has inadequate coverage. She was on the job and they should be covering everything. Last edited by cdollaz; 10-11-07 at 07:07 AM.

10-11-07, 07:33 AM	#4
Gunde DVD Talk Platinum Edition Join Date: Oct 2002 Location: Very far away.. Posts: 3,718	Jesus Christ what a bitch! __________________ Spoiler: http://www.imdb.com/title/tt0120187/

10-11-07, 07:47 AM	#6
UncleGramps DVD Talk Limited Edition Join Date: May 2000 Location: Jersey represent! Posts: 5,542	Looks like she can rent out her enormous forehead as ad space to cover her medical bills. Also, what a ridiculous suit. I would imagine injuries like that are a common risk in her line of work, and she should take more responsibility for ensuring her own safety. __________________ Xbox Live/PSN: UncleGramps

10-11-07, 08:30 AM	#10
kenbuzz DVD Talk Legend Join Date: Jun 2000 Location: Bloomington, IN Who Dey! Posts: 13,833	The Attorney: http://www.heil-law.com/ His specialities: • Auto Accidents • Theme Park Accidents • Slip & Fall • Dog Bites • Homeowners Cases • Motorcycle Accidents • Medical Malpractice • Neck & Back Injuries • Pool Accidents • Defective Products • Legal Advice • Insurance Policy Disputes • Boating Accidents • Pedestrian Accidents • Brain Injuries • Workers Compensation • Pharmacy Negligence • Burn Cases • Nursing Home Neglect • Sexual Harrasement __________________ Keep your head down and mind your own business. As long as it's not hurting you, who cares what anybody else does? - Nazgul 8-10-08 Sweed goes down with an achillies injury. As a Steelers fan, this is great news. - Tarantino, 5-02-10 If Tebow beats the Steelers today, I will post a pic of me Tebow'ing in one of my Pittsburgh jerseys. - Tarantino, 1-08-12

10-11-07, 08:46 AM	#14
Tracer Bullet DVD Talk Legend Join Date: Sep 2003 Location: IND Crosstown Posts: 23,358	Absolutely ridiculous. It should be immediately thrown out of court. __________________ Third World countries are worthy of our derision. -Sean O'Hara Personally, I would say that Tracer Bullet is leading you in the wrong direction. -Supermallet Sometimes you have to decide between the guy who won't give you a cupcake and the one who will stab you in the face. -DeputyDave

10-11-07, 07:20 AM	#2
LiquidSky DVD Talk Hall of Fame Join Date: Aug 1999 Location: Pokey Dot Lounge, Nashville, TN Posts: 8,712	I was thinking the same thing: in the line of duty. Wouldn't she be coverd by OJI?

10-11-07, 07:41 AM	#5
starman9000 DVD Talk Legend Join Date: Mar 2004 Location: MN Posts: 22,742	Wouldn't this set a pretty horrible precedent?

10-11-07, 09:55 AM	#15
Mrs. Danger Suspended Join Date: May 2005 Location: With Nick Danger Posts: 15,192	If she had slipped on a banana peel, or something besides water, maybe. But in a drowning case, you should be expecting water. I hope the judge throws the case out with extreme prejudice.

10-11-07, 10:06 AM	#16
TheNightFlier DVD Talk Limited Edition Join Date: Jan 2000 Location: Long Island, NY Posts: 5,682	Wow, hope this gets tossed immediately. __________________ Ain't so funny meow is it? My DVD Collection XBL-Ohcrapifell

10-11-07, 10:08 AM	#17
bunkaroo DVD Talk Legend Join Date: Oct 2002 Location: Naperville, IL Posts: 11,880	I don't see why the police force or the city aren't covering this medical expense. Now, if she's going broke because of medical bills related to this, I could see trying to get some money from the defendant's homeowner's insurance, but I surely hope she's not going after their personal property or assets.

10-11-07, 10:13 AM	#18
grrrah DVD Talk Limited Edition Join Date: Jan 2001 Posts: 6,635	Can the family sue her for not saving their toddler from severe brain injuries?

10-11-07, 11:14 AM	#21
Jadzia Moderator Join Date: Jul 1999 Location: Michigan Posts: 15,054	That's just wrong. So if someone got shot, would she sue if she slipped in their blood puddle? I don't think mopping is a priority in a life or death situation. If the police force is not covering her medical bills, she should sue them, not the victim's family.

10-11-07, 12:23 PM	#23
Bandoman DVD Talk Hero Join Date: Oct 2000 Location: a small cottage on a cul de sac in the lower pits of hell. Posts: 27,797	And to address the case for a second, it is complete horseshit. To prove negligence, she would have to prove that the family did not act the way a reasonably prudent person would act under the circumstances. The last phrase is key. In a life-and-death emergency like that, NO ONE would be expected to worry about cleaning up the water dripping off their drowning child DURING RESCUE EFFORTS. __________________ "...Bando...you are perfect and awesome." - 4KRG

10-11-07, 12:47 PM	#24
Heat DVD Talk Legend Join Date: Dec 2000 Location: Central Illinois Posts: 16,437	For what it's worth, I’m sure her plan was to get a settlement from the homeowner’s insurance policy, not to actually take the parents to court.

10-11-07, 12:48 PM	#25
KillerCannibal DVD Talk Legend Join Date: Aug 2006 Location: Behind the Orange Curtain Posts: 17,054	In a situation like this I honestly wonder just what the hell this woman is thinking. Does she really need money that bad that she's willing to sink to scumbag levels to get it? It's like people can't wait for something like this to happen to them so they can sue, since it seems to be the national pastime. __________________ DVDAf Horror Movie Challenges: 2007 2008 2009 2010 2011 2012