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View Full Version : Cop responds to drowning of kid, and sues parents



Jerk
10/10/2007, 07:04 PM
:mad:

http://www.sun-sentinel.com/news/local/florida/orl-mdrown1007oct10,0,6825213.story?track=rss

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.

"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.

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.

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

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."

Rene Stutzman can be reached at [email protected] or 407-324-7294.

LilSooner
10/10/2007, 07:24 PM
What an evil ****. I hate people some times.

OUHOMER
10/10/2007, 07:26 PM
So if a cop enters your property , steps on a rake, breaks their nose, you can be sued?

This is BS. I would think the home owners insurance would cover it, but seems like it will open a can of worms.

RUSH LIMBAUGH is my clone!
10/10/2007, 07:33 PM
"Ah yes, a successful personal injury lawsuit is "Winning one of life's lotteries".

soonerscuba
10/10/2007, 07:34 PM
Hate to play devil's advocate, but the officer has a point, BABY-PROOF YA GATDAMN POOL IF YOU GOT KIDDIES!!!!!!!!!!!!!

They don't deserve to be sued, though.

soonerloyal
10/10/2007, 07:35 PM
Some ****ers are a waste of good air. This **** is one of 'em.

Biatches like Eichorn give all of us without a penis a bad name.

tbl
10/10/2007, 08:04 PM
As if we needed another reason females should not serve as police officers.

RUSH LIMBAUGH is my clone!
10/10/2007, 08:11 PM
This lawsuit makes the case for socialized medicine, since the police department is too broke to have medical insurance, apparently?!?!?

tulsaoilerfan
10/10/2007, 09:03 PM
Wow, this about takes the cake for frivilous lawsuits.

SoonerTerry
10/11/2007, 04:17 AM
POS..

Dio
10/11/2007, 07:57 AM
Coincidence this bee-otches name ends in "-horn"? I think not.

OUDoc
10/11/2007, 08:07 AM
What a worthless POS.

StoopTroup
10/11/2007, 09:28 AM
But is she HAWT? (ducking)

NormanPride
10/11/2007, 09:34 AM
Terrible. For you lawyer types, is this a problem with the system or individuals?

yermom
10/11/2007, 09:38 AM
i'm going to guess there is an issue with the city not wanting to cover this.

if she got shot responding to a call would she have to sue the shooter to get compensated for missed work and medical bills?

frankensooner
10/11/2007, 10:00 AM
Seems to me that this would be a work comp issue, and rightfully so. When I was in private practice, we had a lot of cops injured on the job and they all filed workers' comp cases. One that sticks in my mind was a police officer who helped a lady push her car onto the shoulder and injured his back.

However 85 O.S. 2001 § 44 provides in pertinent part:

(a) If a worker entitled to compensation under the Workers' Compensation Act is injured or killed by the negligence or wrong of another not in the same employ, such injured worker shall, before any suit or claim under the Workers' Compensation Act, elect whether to take compensation under the Workers' Compensation Act, or to pursue his remedy against such other. Such election shall be evidenced in such manner as the Administrator may by rule or regulation prescribe. If he elects to take compensation under the Workers' Compensation Act, the cause of action against such other shall be assigned to the insurance carrier liable for the payment of such compensation, and if he elects to proceed against such other person or insurance carrier, as the case may be, the employer's insurance carrier shall contribute only the deficiency, if any, between the amount of the recovery against such other person actually collected, and the compensation provided or estimated by the Workers' Compensation Act for such case.

So, in Oklahoma, the police officer could pursue a case against the homeowner, or if the officer elected not go against the homeowner and decided to file the comp claim, the insurance carrier could go against the homeowner anyway to recoup the claim.

RFH Shakes
10/11/2007, 10:19 AM
Seems to me that this would be a work comp issue, and rightfully so. When I was in private practice, we had a lot of cops injured on the job and they all filed workers' comp cases. One that sticks in my mind was a police officer who helped a lady push her car onto the shoulder and injured his back.

However 85 O.S. 2001 § 44 provides in pertinent part:

(a) If a worker entitled to compensation under the Workers' Compensation Act is injured or killed by the negligence or wrong of another not in the same employ, such injured worker shall, before any suit or claim under the Workers' Compensation Act, elect whether to take compensation under the Workers' Compensation Act, or to pursue his remedy against such other. Such election shall be evidenced in such manner as the Administrator may by rule or regulation prescribe. If he elects to take compensation under the Workers' Compensation Act, the cause of action against such other shall be assigned to the insurance carrier liable for the payment of such compensation, and if he elects to proceed against such other person or insurance carrier, as the case may be, the employer's insurance carrier shall contribute only the deficiency, if any, between the amount of the recovery against such other person actually collected, and the compensation provided or estimated by the Workers' Compensation Act for such case.

So, in Oklahoma, the police officer could pursue a case against the homeowner, or if the officer elected not go against the homeowner and decided to file the comp claim, the insurance carrier could go against the homeowner anyway to recoup the claim.

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

Sounds like she is doing both.

frankensooner
10/11/2007, 10:26 AM
"While she was on medical leave, Pavlis said, the city's insurer paid her medical bills and provided disability checks."

Sounds like she is doing both.

I was just letting you know what the deal was in Oklahoma, I have no idea what happens in Florida.

StoopTroup
10/11/2007, 10:30 AM
Anytime I've been in a grocery store in Miami there has been someone laying around in the aisle calling out for help.

What's sad is the ones that might be ligitimate will probably get treated badly.

I saw a couple that I wanted to go over and run them over with a loaded shopping cart.

I should never go back there for beer again. It's just to emotional. :D

SoonerKnight
10/11/2007, 12:36 PM
This is sad. Yes the parents were negligent but they were new parents and I am sure they loved their kid. Hindsight is always 20/20. The cop had a call for a drowning she knew that their were risks and I am surprised the cop didn't see the water should have been more observant.

JohnnyMack
10/11/2007, 12:41 PM
Anytime I've been in a grocery store in Miami there has been someone laying around in the aisle calling out for help.

What's sad is the ones that might be ligitimate will probably get treated badly.

I saw a couple that I wanted to go over and run them over with a loaded shopping cart.

I should never go back there for beer again. It's just to emotional. :D

My neck. My back. My neck and my back.

KABOOKIE
10/11/2007, 12:50 PM
Why was the cop even at the residence? The 911 call was for paramedics.

Dio
10/11/2007, 01:17 PM
99.7%.....

;)

Osce0la
10/11/2007, 01:17 PM
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.

"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," he said.
This is what really p*sses me off about this story (aside from the fact that this dumb f*** is actually suing these people)...This attorney is actually blaming these parents and stating that they are trying to "play the victim" :mad: The cop got a broken leg and now it is sore and could develop into arthritis - BOO F***ING HOO - these people had a 1 year old child that could likely spend the rest of his life hooked up to tubes just to stay alive - and this bastage actually thinks they are right by claiming the family is "playing the victim"? WTF???

Also, she wrestled a box of razor blades away from someone trying to commit suicide...had she badly cut herself while fighting to get the blades from that person would she have sued them? Because they obviously don't have enough psychological damage - might as well throw a lawsuit on top of it...

yermom
10/11/2007, 03:35 PM
if you take some of the emotion out of the situation, it almost makes sense.

if someone drives drunk, crashes into another car and seriously injures their child, should they be responsible for the injuries to people in the other car? haven't they suffered enough?

sooner_born_1960
10/11/2007, 03:45 PM
Yeah, a reasonable person would have taken the time to clean up the water immediately, instead of wasting precious time administering CPR.

OCUDad
10/11/2007, 03:46 PM
Oh, yermom, not even close! Situations aren't analogous at all. Maybe that's why you said "almost"?

JohnnyMack
10/11/2007, 03:46 PM
if you take some of the emotion out of the situation, it almost makes sense.

if someone drives drunk, crashes into another car and seriously injures their child, should they be responsible for the injuries to people in the other car? haven't they suffered enough?

Were you drunk when you posted this?

yermom
10/11/2007, 04:08 PM
Yeah, a reasonable person would have taken the time to clean up the water immediately, instead of wasting precious time administering CPR.

they are saying that since the pool wasn't childproofed, the kid, and then the cop was injured.

what if the child was saved and had no lasting harm, but the officer was injured? how does that change the situation?

GrapevineSooner
10/11/2007, 04:14 PM
The suit's being dropped (http://www.orlandosentinel.com/news/local/seminole/orl-bk-copsuit101107,0,7344860.story?coll=orl_tab01_layou t) and Sgt Eichhorn is going on leave.

Prolly a good idea because, you know, it would be a bad idea if people were dissuaded from calling first responders for fear of being sued later.

sooner_born_1960
10/11/2007, 04:15 PM
All I'm saying is cleaning up the water was not a priority. What if the kid had a seizure and dropped a cup of koolaide on the floor, instead of almost drowning? Should mom have cleaned up the liquid, then administerd to the kid? The parents were not negligent by leaving water on the floor.

yermom
10/11/2007, 04:22 PM
The suit's being dropped (http://www.orlandosentinel.com/news/local/seminole/orl-bk-copsuit101107,0,7344860.story?coll=orl_tab01_layou t) and Sgt Eichhorn is going on leave.

Prolly a good idea because, you know, it would be a bad idea if people were dissuaded from calling first responders for fear of being sued later.

if her bills and pay were taken care of like it says in the link, then that's a bull**** suit. and probably unethical, if not illegal.

but the idea that whatever causes the emergency call could used against you in a lawsuit could get ugly.

"your house caught on fire because you didn't fix the faulty wiring. this was preventable. the families of the 3 firemen that were killed when your house collapsed are suing you"

yermom
10/11/2007, 04:28 PM
All I'm saying is cleaning up the water was not a priority. What if the kid had a seizure and dropped a cup of koolaide on the floor, instead of almost drowning? Should mom have cleaned up the liquid, then administerd to the kid? The parents were not negligent by leaving water on the floor.

this is what i'm talking about:


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.

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

KABOOKIE
12/5/2007, 05:34 PM
Bitch got fired.

http://www.foxnews.com/story/0,2933,315203,00.html

OUDoc
12/5/2007, 05:42 PM
Good.

mdklatt
12/5/2007, 05:42 PM
EICHORN IS A MAN!

Hot Rod
12/5/2007, 05:49 PM
(Laughs at cop)

StoopTroup
12/5/2007, 06:14 PM
I would appeal the firing if I were her...

Go for back pay too. ;)

Then I would head out of town as fast as I could before the tar and feathers started to chafe my skin....lol

Widescreen
12/5/2007, 06:27 PM
She has worked as a prostitution decoy and a hostage negotiator
From the sound of it, she was still engaging in both practices.

Okla-homey
12/5/2007, 09:50 PM
if her bills and pay were taken care of like it says in the link, then that's a bull**** suit. and probably unethical, if not illegal.




Pssst. it's called "double-dipping" in the trade and its legal and considered ethical. Example: if you get injured in a car wreck, you can sue the guy who hit you and recover damages and and make a claim on your first-party insurance and get paid by both.

What you gotta remember is, you have a contract with your insurance provider to pay if you get hurt. That has nothing to do with the fact somebody was responsible for hurting you and your right to a recovery from that guy.

sanantoniosooner
12/5/2007, 10:03 PM
I'm glad she was fired. There has to be a price to pay for ridiculous crap like that.

TUSooner
12/5/2007, 10:33 PM
Pssst. it's called "double-dipping" in the trade and its legal and considered ethical. Example: if you get injured in a car wreck, you can sue the guy who hit you and recover damages and and make a claim on your first-party insurance and get paid by both.

What you gotta remember is, you have a contract with your insurance provider to pay if you get hurt. That has nothing to do with the fact somebody was responsible for hurting you and your right to a recovery from that guy.
And the worker's comp was only between her and her employer.

But when the lawywer rapped the family for "playing the victim" his head should have burst into flames. :rolleyes: :rolleyes: :mad: :rolleyes: :rolleyes:

Okla-homey
12/6/2007, 07:55 AM
And the worker's comp was only between her and her employer.

But when the lawywer rapped the family for "playing the victim" his head should have burst into flames. :rolleyes: :rolleyes: :mad: :rolleyes: :rolleyes:

I agree. That was the succ.

Just wanted to clarify, just because you are insured against a loss doesn't foreclose suing the person who caused the loss.

birddog
12/6/2007, 09:34 AM
EICHORN IS A MAN!

LA-HOO-ZA-HER!