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Old 10-11-07, 08:03 AM   #1
cdollaz
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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

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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.

Last edited by cdollaz; 10-11-07 at 08:07 AM.
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Old 10-11-07, 08:20 AM   #2
LiquidSky
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I was thinking the same thing: in the line of duty. Wouldn't she be coverd by OJI?
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Old 10-11-07, 08:22 AM   #3
AGuyNamedMike
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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:

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Old 10-11-07, 08:33 AM   #4
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Jesus Christ what a bitch!
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Old 10-11-07, 08:41 AM   #5
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Wouldn't this set a pretty horrible precedent?
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Old 10-11-07, 08:47 AM   #6
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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.
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Old 10-11-07, 09:00 AM   #7
cdollaz
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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.
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Old 10-11-07, 09:25 AM   #8
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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.
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Old 10-11-07, 09:27 AM   #9
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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.
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Old 10-11-07, 09:30 AM   #10
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Old 10-11-07, 09:35 AM   #11
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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.
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Old 10-11-07, 09:38 AM   #12
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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!"
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Old 10-11-07, 09:40 AM   #13
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Quote:
Originally Posted by DVD Josh
You mean PERSONAL INJURY litigation attorney. Don't lump me in with this shithead.
Sorry, noted.
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Old 10-11-07, 09:46 AM   #14
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Absolutely ridiculous. It should be immediately thrown out of court.
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Old 10-11-07, 10:55 AM   #15
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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.
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Old 10-11-07, 11:06 AM   #16
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Wow, hope this gets tossed immediately.
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Old 10-11-07, 11:08 AM   #17
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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.
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Old 10-11-07, 11:13 AM   #18
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Can the family sue her for not saving their toddler from severe brain injuries?
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Old 10-11-07, 11:20 AM   #19
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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.
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Old 10-11-07, 11:26 AM   #20
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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.
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Old 10-11-07, 12:14 PM   #21
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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.
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Old 10-11-07, 01:21 PM   #22
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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?
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Old 10-11-07, 01:23 PM   #23
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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.
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Old 10-11-07, 01:47 PM   #24
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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.
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Old 10-11-07, 01:48 PM   #25
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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.
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