Page 1 of 3 123 Last
  1. #1
    Just the facts
    Mannix's Avatar
    Join Date
    Apr 2006
    Location
    South
    Posts
    308
    Last edited by Mannix; 10-10-2007 at 04:39 PM.

  2. #2
    Forum Member

    Join Date
    Apr 2007
    Location
    Ohio
    Posts
    270

    Police officer sues family over 911-call injury

    I hope there is more to this story. If not, wtf?

    Police officer sues family over 911-call injury
    She slipped in puddle during rescue of tot from pool
    Wednesday, October 10, 2007 11:09 AM


    CASSELBERRY, Fla. (AP) — A police officer who slipped and injured a knee during a rescue call has sued the family who phoned 911 after their 1-year-old boy nearly drowned.

    The child, Joey Cosmillo, fell into the family pool in January. He was resuscitated but suffered brain damage and can't walk, talk or swallow. He lives in a nursing home and eats and breathes through tubes.

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

    Eichhorn's attorney, David Heil, said she now 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.

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

    The lawsuit seeks unspecified damages.

    “The loss we've suffered, and she's seeking money?” said Richard Cosmillo, 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 personnel file includes many commendations. The 12-year veteran has worked as a hostage negotiator and prostitution decoy, and even wrestled razors away from a suicidal person.

  3. #3
    Forum Member

    Join Date
    Apr 2007
    Location
    Ohio
    Posts
    270
    I just posted the same thing. Only in my post you know what it's about. I'll ask Tim if he can delete mine so there's no doubles.
    If there isn't more to this story, which I can't imagine there is, this gal is a real B&^%h.

  4. #4
    Your Daddy
    Bully's Avatar
    Join Date
    Sep 2006
    Location
    Start at the Pacific and drive east til you lose teeth and hear banjos
    Posts
    857
    Talk about someone that needs to be tied to the whipping post How much more does that family have to endure. Sure it's sad that she hurt herself but, come on now. If anything, her lawyer needs to go after the dept and the workers comp company.
    God made perfect cops.......The rest he put in cars.

  5. #5
    Forum Member

    Join Date
    Apr 2007
    Location
    Ohio
    Posts
    270
    Police officer sues family over 911-call injury
    She slipped in puddle during rescue of tot from pool
    Wednesday, October 10, 2007 11:09 AM


    CASSELBERRY, Fla. (AP) — A police officer who slipped and injured a knee during a rescue call has sued the family who phoned 911 after their 1-year-old boy nearly drowned.

    The child, Joey Cosmillo, fell into the family pool in January. He was resuscitated but suffered brain damage and can't walk, talk or swallow. He lives in a nursing home and eats and breathes through tubes.

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

    Eichhorn's attorney, David Heil, said she now 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.

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

    The lawsuit seeks unspecified damages.

    “The loss we've suffered, and she's seeking money?” said Richard Cosmillo, 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 personnel file includes many commendations. The 12-year veteran has worked as a hostage negotiator and prostitution decoy, and even wrestled razors away from a suicidal person.

  6. #6
    Deputy
    eman2k5's Avatar
    Join Date
    Aug 2005
    Location
    Louisiana
    Posts
    4,107
    wow Im just dumbfounded
    My statements do not represent my agency.

  7. #7
    VIP Member - Diamond
    willowdared's Avatar
    Join Date
    Oct 2005
    Location
    SoCal
    Posts
    7,272
    Wow


    Just wow

    Did the Sgt's lawyer convince her that their homeowner's insurance would pay? I sure as heck don't care for his statements.
    Molly Weasley makes Chuck Norris eat his vegetables.


  8. #8
    Forum Member

    Join Date
    May 2007
    Location
    Orlando, FL
    Posts
    132
    This is disgusting, to me.

    For one, I don't know what kind of shoes/boots y'allz are issued or otherwise required to wear on-duty, but this is one of the reasons I always buy slip resistant. It's been two years since I've had a job that remotely required them, but that's still all I wear at work and off. It's pretty rare, if ever, that I get slipped up by just a little water on the floor.

    Going past that, I know that this is just one person out of the many of you, but I'm pretty sure a lot of people are going to look at this and think "It's a sad day when even cops don't show a shred of common sense or decency, even when in the line of duty!". So, not only does it perturb me that anyone - let alone a police officer - would file suit under such circumstances, it very much disgusts me they would also be thoughtless enough to do so knowing that they would also taint the public image of the other protectors of our society.

    While I can understand that she's both physically and financially by now, I really hope this lady's case gets laughed out of court.
    "I'm not afraid of loving my enemies...
    I honestly want peace with you.
    But when you come against my country,
    When you come against my family,
    You try to destroy my people,
    I can't just stand by...
    I am coming, and if I come, then
    Pain is coming with me!"

  9. #9
    Forum Member

    Join Date
    May 2007
    Location
    Orlando, FL
    Posts
    132
    This is disgusting, to me.

    For one, I don't know what kind of shoes/boots y'allz are issued or otherwise required to wear on-duty, but this is one of the reasons I always buy slip resistant. It's been two years since I've had a job that remotely required them, but that's still all I wear at work and off. It's pretty rare, if ever, that I get slipped up by just a little water on the floor.

    Going past that, I know that this is just one person out of the many of you, but I'm pretty sure a lot of people are going to look at this and think "It's a sad day when even cops don't show a shred of common sense or decency, even when in the line of duty!". So, not only does it perturb me that anyone - let alone a police officer - would file suit under such circumstances, it very much disgusts me they would also be thoughtless enough to do so knowing that they would also taint the public image of the other protectors of our society.

    While I can understand that she's both physically and financially by now, I really hope this lady's case gets laughed out of court.
    "I'm not afraid of loving my enemies...
    I honestly want peace with you.
    But when you come against my country,
    When you come against my family,
    You try to destroy my people,
    I can't just stand by...
    I am coming, and if I come, then
    Pain is coming with me!"

  10. #10
    Forum Member

    Join Date
    Sep 2007
    Location
    Missouri
    Posts
    1,373
    This reminds me of a case in Arizona back in the 80s where an officer pulled up to a 7-11 in the wee hours and saw an armed robbery in progress inside. When it looked like the situation was getting dire he shot the suspect through the glass, possibly saving the cashier's life. Then 7-11 turned around and sued the PD for damages and lost sales. Yes, they finally dropped it after it hit the media. It would be nice if there was a "reality check" office that filtered these suits before they even make it to court.

  11. #11
    L-1
    L-1 is offline
    Forum Member
    L-1's Avatar
    Join Date
    Jun 2004
    Location
    California
    Posts
    5,217
    While we can sue here in California, there is usually no point in doing so because of our subrogation laws.

    First, workers comp gets to deduct all the money they paid for your medical bills out of whatever you win. Then the department gets their cut for wages they paid while you were off sick. Then your attorney gets his his fees for handling the case. By the time everyone gets their slice, there's usually nothing left for you. But, if there is anything left, you have to exhaust it on future medical bills before workers comp kicks in again, should you continue to have medical needs for that injury in the future.

    In short, if your injury is bad enough to require lifetime care (as most ortho injuries are) its better to not sue and just let workers comp pay for it.

  12. #12
    Forum Member

    Join Date
    Jul 2006
    Location
    Nevada
    Posts
    2,520
    I won't get into the ethics of it.

    But based on case law, I think it's a valid law suit. It's the same reason Wal-Mart has to put up "Wet Floor" signs when they mop the floor. If you slip and fall on someone else's property because you were not warned about a wet floor, it's their legal liability. So it seems anyway; I am no lawyer.

  13. #13
    VIP Member - Diamond
    willowdared's Avatar
    Join Date
    Oct 2005
    Location
    SoCal
    Posts
    7,272
    Quote Originally Posted by Fëanor View Post
    I won't get into the ethics of it.

    But based on case law, I think it's a valid law suit. It's the same reason Wal-Mart has to put up "Wet Floor" signs when they mop the floor. If you slip and fall on someone else's property because you were not warned about a wet floor, it's their legal liability. So it seems anyway; I am no lawyer.
    Riiiiiiiiight.
    Molly Weasley makes Chuck Norris eat his vegetables.


  14. #14
    Forum Member
    DeputySC's Avatar
    Join Date
    Oct 2005
    Location
    South Carolina
    Posts
    1,282
    if you turn the case around and one of those family members slipped in the restroom of the police station and hurt their knee they would be sue happy if they thought they could get a settlement out of it. I dont think this case will go anywhere but it could I guess. If you call someone to your house and they bust their butt then you can be held liable.

  15. #15
    Just the facts
    Mannix's Avatar
    Join Date
    Apr 2006
    Location
    South
    Posts
    308
    Quote Originally Posted by Fëanor View Post
    I won't get into the ethics of it.

    But based on case law, I think it's a valid law suit. It's the same reason Wal-Mart has to put up "Wet Floor" signs when they mop the floor. If you slip and fall on someone else's property because you were not warned about a wet floor, it's their legal liability. So it seems anyway; I am no lawyer.
    Wal-Mart isn't dragging a drowned child through the store either. I would call you a moron, but I don't want to get banned.

  16. #16
    forum member
    deputy x 2's Avatar
    Join Date
    Sep 2005
    Location
    Calee transplant- Adirondack Mts of NY
    Posts
    7,480
    What a disgrace!!

    So she got hurt...We ALL take the chance everytime we show up for work. I'm sure the family is willing to exchange medical conditions with her for their child's.

    Workman's comp, disability and long term disability insurance...that's it!

    So Sgt Eichhorn might have a bad day once in awhile due to arthritis. EVERYDAY is a bad day for Joey and his family.
    Last edited by deputy x 2; 10-10-2007 at 07:05 PM.
    This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

  17. #17
    NativeTexan's Avatar
    Join Date
    Jan 2007
    Location
    Austin, TX
    Posts
    69
    Wow... and here i thought getting hurt while trying to help someone else was a risk officers both understood and accepted. Unless there is more to the story I don't know, this is a sad situation. It makes LEO's look like money-grubbing jerks who don't really care about the public they have sworn to protect and forces a grieving family into a legal process that not only threatens to hurt them financially but also drags them through their son's accident and resulting injuries in a very public way. My thoughts and prayers are with that family.

  18. #18
    Relaxed Member
    Justice71's Avatar
    Join Date
    Mar 2007
    Location
    New York
    Posts
    54
    This just makes me sick. Though i could imagine medical bills for the officer, going through a legal battle with the family is just wrong in so many ways.
    Sincerely,
    Justice71

    "Chance favors the prepared mind"

  19. #19
    All Sas and Sarcasm!
    texaschickeee's Avatar
    Join Date
    Oct 2005
    Location
    Guess.....
    Posts
    10,980
    She was called there , not as an invite for a party, but on the job. She has medical insurance, and she has disability insurance and sadly, this is what she choose as her way to turn on the job?
    I don't understand why the kid would be in a nursing home versus a home group home or home health care provided, esp at such a young age. But she did bust her knee, what if she had busted her knee at a MVA on the highway /street. sidewalk...would she have sued DOT?

    *wonders about somethings*
    ‘Some cause happiness wherever they go; others, whenever they go.’
    Oscar Wilde

  20. #20
    Forum Member

    Join Date
    Sep 2007
    Location
    So. Cal
    Posts
    1,196

    Angry

    She should be ashamed of herself! People like her give us all a bad name.
    LIFE IS TOO SHORT TO DRINK CHEAP BEER!

  21. #21
    VIP Member - Diamond
    willowdared's Avatar
    Join Date
    Oct 2005
    Location
    SoCal
    Posts
    7,272
    http://www.sun-sentinel.com/news/loc...tory?track=rss

    Rene Stutzman | Sentinel Staff Writer
    October 10, 2007

    CASSELBERRY - In January, 1-year-old Joey Cosmillo wandered into the backyard and fell into the family pool. When his mother hauled him out, he wasn't breathing. Rescuers were able to bring him back to life, but he suffered severe brain damage and cannot walk, talk or even swallow.

    Now, his family faces another burden: One of the rescuers, Casselberry police Sgt. Andrea Eichhorn, is suing, alleging the family left a puddle of water on the floor that afternoon, causing her to slip and fall.

    The boy's grandparents, named in the suit, are mystified and angry.

    A family friend today set up an account, hoping to raise funds for the boy's long-term care. It's the Joseph "Joey" Cosmillo Assistance Fund. Donors can make contributions at any Wachovia bank branch.

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

    Eichhorn last week sued Richard Cosmillo; his wife, Maggie Cosmillo; and the boy's mother, Angela Cosmillo, accusing them of negligence. They were careless, according to the suit, and allowed the home they shared to become unsafe.

    As a consequence, Eichhorn broke her knee, something that kept her off the job for two months, according to police Chief John Pavlis.

    Joey now lives in a nursing home five miles away, where he gets 24-hour care. He breathes through one tube. He's fed through another.

    "He doesn't have any abilities -- any," his grandmother said. "He can't sit. He can't swallow. He can't eat. We're not even sure he can see."

    She and Richard Cosmillo are the boy's legal guardians. For the first two months after the accident, she remained at his bedside, never once going home.

    She has now gone back to work at a furniture store, and her husband keeps watch on the boy. He visits every day.

    "This thing," Maggie Cosmillo said, "has destroyed our lives forever."

    The baby's mother was the only one home Jan. 9, when the boy slipped out of the house and wound up in the pool, according to a police report.

    She plunged in and dragged him out, carrying him inside, down a hallway and into a bedroom. She also called 911.

    Eichhorn arrived a few minutes later. As she stepped into the room where rescuers were working on the boy, she slipped and went down on one knee, then stood back up, according to Richard Cosmillo.

    So, she wasn't there first, and didn't pull the child out of the water. Can she prove she slipped in a puddle, and didn't trip over any of the medical supplies that were all over?

    Later that day, she went to an emergency care center and eventually to an orthopedist, according to her attorney, David Heil.

    While she was on medical leave, Pavlis said, the city's insurer paid her medical bills and provided disability checks.

    Eichhorn, a 12-year department veteran, would not discuss the suit. Her attorney said those benefits, paid by the city's workers' compensation carrier, were not enough. The suit seeks an unspecified amount of money.

    Eichhorn, he said, is a victim. Her knee aches, and she will likely develop arthritis.

    If the Cosmillos had made their pool baby-proof, police would not have been called to the scene, there would have been no water on the floor, and Eichhorn would not have hurt herself, he said.

    I had no idea life was that simple!

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

    This statement has got to be one of the most profoundly offensive comments I've ever read.

    The department's personnel file on Eichhorn, who earns $48,000 a year, is filled with letters of praise. She has worked as a prostitution decoy and a hostage negotiator, and once wrestled a box of razor blades away from a person threatening suicide.

    "She is the best sergeant within the police department and should become the next lieutenant," her supervisor wrote in a job review in 2003.

    "Sgt. Eichhorn is a good officer," Pavlis said Tuesday.

    He urged her not to file the lawsuit, he said, but there was nothing he could do.


    The Cosmillos have not given the suit much attention, they say.

    Richard Cosmillo is busy looking after Joey, whose name he had tattooed over his heart a few days after the accident, when doctors told the family the boy would survive only a few hours.

    But Joey, now almost 23 months old, has survived. He can smile, and he appears to recognize music, his grandparents say. His grandfather hopes for much more.

    "Joey is a Roman gladiator. He is an absolute warrior," Richard Cosmillo said. "There isn't anything or anyone in this world that I love as much as him."

    I'd better stop. My code has always been to refrain from making disparaging remarks about officers, I don't want to falter in my resolve.
    Molly Weasley makes Chuck Norris eat his vegetables.


  22. #22
    All Sas and Sarcasm!
    texaschickeee's Avatar
    Join Date
    Oct 2005
    Location
    Guess.....
    Posts
    10,980
    sadly, I think I might get flamed, but she busted her knee and sees a way out. Early medical retirement...is what I see....
    no one can prove what she tripped over. She wasn't the first there, she wasn't needed in there if EMT's are there....so. no dice.
    ‘Some cause happiness wherever they go; others, whenever they go.’
    Oscar Wilde

  23. #23
    forum member
    deputy x 2's Avatar
    Join Date
    Sep 2005
    Location
    Calee transplant- Adirondack Mts of NY
    Posts
    7,480
    Eichhorn arrived a few minutes later. As she stepped into the room where rescuers were working on the boy, she slipped and went down on one knee, then stood back up, according to Richard Cosmillo.

    I'm trying really hard to bite my tongue!!!

    So she obviously was not part of the rescue...but added to the problem by becoming another victim.

    Kudos for being a prostitute decoy?? Wrestling a box of razor blades away from a suicidal individual? The best sgt within the police department?

    Our sgts are not first responders just in case it goes sideways.

    Texaschickeee- 50% of her wages, tax free = $24K
    This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

  24. #24
    Forum Member
    Taylor1430's Avatar
    Join Date
    Dec 2005
    Location
    Maryland
    Posts
    1,695
    Before reading the post, I was hoping that the story had said she was responding to a fake hostage call or something along those lines....not responding to a legitimate rescue call where a child was drowning. Not only a disgrace to the job but a disgrace to all of humanity as well.

  25. #25
    Reserve Deputy
    (S)Sgt Elmer's Avatar
    Join Date
    Dec 2005
    Location
    Wisconsin
    Posts
    1,163
    Quote Originally Posted by Taylor1430 View Post
    Before reading the post, I was hoping that the story had said she was responding to a fake hostage call or something along those lines....not responding to a legitimate rescue call where a child was drowning. Not only a disgrace to the job but a disgrace to all of humanity as well.
    +1 Well said.

    I tried to understand this, but I just can't.
    For every one hundred men you send us,
    Ten should not even be here.
    Eighty are nothing but targets.
    Nine of them are real fighters;
    We are lucky to have them, they the battle make.
    Ah, but the one. One of them is a warrior.
    And he will bring the others back.

Page 1 of 3 123 Last

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Log in

Click here to log in or register