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Posted: 10/10/2007 6:31:27 AM EST
Foxnews

CASSELBERRY, Fla. — 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 numerous commendations. The 12-year veteran has worked as a hostage negotiator and prostitution decoy, and even wrestled razors away from a suicidal person.



---------------------------------------------




Link Posted: 10/10/2007 6:36:34 AM EST
Fucking wow.
Link Posted: 10/10/2007 6:38:03 AM EST
Wow... Just wow.

I guess it shouldn't be a surprise, Officers aren't exactly rich, and you take an ambulance chasing attorney who promises them money...

- AG
Link Posted: 10/10/2007 6:38:10 AM EST
Link Posted: 10/10/2007 6:38:50 AM EST
That's fucking retarded.
Link Posted: 10/10/2007 6:38:52 AM EST
i'm speachless...
Link Posted: 10/10/2007 6:38:57 AM EST
Wow. What a total shitbird.
Link Posted: 10/10/2007 6:39:05 AM EST
Reason #68 to never allow an Officer on Duty into your home.

NOTHING good will ever come of it.
Link Posted: 10/10/2007 6:40:05 AM EST
Has this bitch no shame?

Hope she's not a PO anymore, because she is demonstrating that she'll do anything for money.
Link Posted: 10/10/2007 6:40:21 AM EST

Originally Posted By NoStockBikes:
Fucking wow.


+1!!!!!
Link Posted: 10/10/2007 6:40:29 AM EST
I can't wait to hear the apologists on this one.
Link Posted: 10/10/2007 6:42:37 AM EST
We had an officer slip on a rescue call and injure his knee. Our workman's compensation carrier sued the homeowner for the icy sidewalk. Our officer had no say in it--it was the insurance carrier. He went along with it, or got no workman's comp benefits.

Could that be the story here?

If not, I agree. Wow.
Link Posted: 10/10/2007 6:42:39 AM EST
Link Posted: 10/10/2007 6:43:06 AM EST
So they can sue you for failing to protect them from injury but the opposite isn't true!

-Foxxz
Link Posted: 10/10/2007 6:43:35 AM EST

Originally Posted By 556fiend:
Reason #68 to never allow an Officer on Duty into your home.

NOTHING good will ever come of it.


Yep
Link Posted: 10/10/2007 6:48:08 AM EST



??
Link Posted: 10/10/2007 6:48:52 AM EST

Originally Posted By 556fiend:
Reason #68 to never allow an Officer on Duty into your home.

NOTHING good will ever come of it.


oh yeah +100000000000000000000000000
Link Posted: 10/10/2007 6:48:56 AM EST
Sometimes having a 1-year-old boy in a nursing home isn't enough, and you need a lawyer crawling up your ass at the same time...
Link Posted: 10/10/2007 6:50:29 AM EST
They should countersue her for the kid's medical bills and future care for her failure.
Link Posted: 10/10/2007 6:51:29 AM EST
"TO PROTECT AND SERVE" my fat ass!!!!

Someone should cunt-punt this "Officer"
Link Posted: 10/10/2007 6:51:39 AM EST
I see why she was used in a prostitution sting. She is a fucking whore.



Yet another jury I would LOVE to be on.

I hope the family counter sues and takes the bitch for everything she ever owns.

Link Posted: 10/10/2007 6:51:47 AM EST
Link Posted: 10/10/2007 6:53:06 AM EST
[Last Edit: 10/10/2007 6:57:54 AM EST by Bobby_the_Hun]
I'm looking at this from another perspective: Why was a 1 year old unattended in/or around an unsecured swimming pool ? We all know the consequences. No winners here.
Link Posted: 10/10/2007 6:53:38 AM EST
They should sue her and the police department for not issuing her a mop when responding to home drownings so she could avoid slipping on puddles in the first place.

Unreal.
Link Posted: 10/10/2007 6:55:30 AM EST

Originally Posted By Bobby_the_Hun:
I'm looking at this from another perspective: Why was a 1 year old unattended in/or around an unsecured swimming pool ? We all know the consequences.


Well it`s negligence, but this isn`t about that.
Link Posted: 10/10/2007 6:56:07 AM EST

Originally Posted By VarmintKilla:
They should sue her and the police department for not issuing her a mop when responding to home drownings so she could avoid slipping on puddles in the first place.

Unreal.


they should do that just to show how fucking stupid the officers cunts lawsuit is..
Link Posted: 10/10/2007 6:56:11 AM EST

Originally Posted By Bobby_the_Hun:
I'm looking at this from another perspective: Why was a 1 year old unattended in/or around an unsecured swimming pool ? We all know the consequences.


I would say that they are already fully paying for that mistake.
Link Posted: 10/10/2007 6:56:46 AM EST
Well cops get sued all the time for bullcrap so I guess she tried her hand at it. That workers comp thing might be what is happening, but the media will leave that out.
Link Posted: 10/10/2007 6:57:01 AM EST
"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," Heil said.

What an asshole statement, I'm sure a puddle of water on the floor was not a high priority at the time.

Link Posted: 10/10/2007 6:57:43 AM EST
"To Protect and Sue"




Seriously,WTF?


Link Posted: 10/10/2007 6:58:18 AM EST

Originally Posted By Another_Dude:


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.



Why wouldn't Workers Comp pay 100% of the medical bills, as well as lost wages during the time the officer was out of work due to a DUTY RELATED INJURY???

I guess no one that has posted a response gave a shit about that.
Link Posted: 10/10/2007 7:00:00 AM EST
[Last Edit: 10/10/2007 7:00:42 AM EST by Cpt_Kirks]

Originally Posted By OLY-M4gery:

Originally Posted By Another_Dude:


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.



Why wouldn't Workers Comp pay 100% of the medical bills, as well as lost wages during the time the officer was out of work due to a DUTY RELATED INJURY???

I guess no one that has posted a response gave a shit about that.


Then it sounds like she should sue the city.

(and no, any sympathy I might have had for her is long gone now. Fucking Bitch.)

Link Posted: 10/10/2007 7:00:12 AM EST

Originally Posted By Bobby_the_Hun:
I'm looking at this from another perspective: Why was a 1 year old unattended in/or around an unsecured swimming pool ? We all know the consequences.


sorry...gotta do it

Accidents can (....will....and do) happen to even the most attentive people. Where's the unattended part coming from?
Link Posted: 10/10/2007 7:00:25 AM EST
Interesting. That's why you buy homeowners insurance.
Link Posted: 10/10/2007 7:01:18 AM EST

Originally Posted By Another_Dude:

Originally Posted By Bobby_the_Hun:
I'm looking at this from another perspective: Why was a 1 year old unattended in/or around an unsecured swimming pool ? We all know the consequences.


I would say that they are already fully paying for that mistake.


Yes, indeed
Link Posted: 10/10/2007 7:02:09 AM EST
[Last Edit: 10/10/2007 7:05:12 AM EST by EternalVigilance]
So if this fucking evil cunt wins, we should all post signs on our property saying that police officers are PROHIBITED from entering the premises UNDER ANY CIRCUMSTANCES, and that entry onto the property constitutes implied consent that the property owner is not liable for any injury that occurs to the officer/s.

I bet that would go over real well.






eta: to the good officers out there don't take this statement as disrespect. I appreciate what you all do, and I know that many of you guys do some heroic things on a daily basis to help people.

I am just pointing out how assinine this shit is. No way she will win. If so, then I'd rather be on my own, and take care of my own.


This shit pisses me off. I guess that stupid cunt bitch doesn't give a fuck that this family might need that money to care for their CHILD. But of course when your child is near death from a drowning, you better make sure to put out the "caution wet floor" signs for the police officers. You know, since your drowned kid is dripping water onto the floor and all.
Link Posted: 10/10/2007 7:02:11 AM EST
[Last Edit: 10/10/2007 7:02:26 AM EST by John_Wayne777]
Sounds like somebody is trying to game the system for everything she can get out of it.

...cause earning it is for SUCKAS!!!
Link Posted: 10/10/2007 7:29:22 AM EST

Originally Posted By VarmintKilla:

Originally Posted By kill-9:

Originally Posted By EternalVigilance:
...we should all post signs on our property saying that [...] entry onto the property constitutes implied consent that the property owner is not liable for any injury that occurs to the officer/s.


Would this have any legal standing? If so, it's not a bad idea.


Up to a point it is. You cannot contract away or waive negligence. If somebody manages to provide enough evidence to sway a civil court that you are in some way negligent, be it 1% or 100%, you get the pleasure of paying up. No amount of signs can prevent that. Sad state of affairs when it allows shit like this to occur.


The bottom line is that unless you're a lawyer, most of the time there is no winning in court. There are only degrees of losing. My ex took me to court 19 times during and after our divorce. I "won" every case. It cost me more than my house is worth.
Link Posted: 10/10/2007 7:31:27 AM EST

Originally Posted By Bama-Shooter:

Originally Posted By VarmintKilla:

Originally Posted By Bama-Shooter:
Interesting. That's why you buy homeowners insurance.


So, you think the insurance companies will now require the deployment of multiple mops around your pool with warning signs posted saying to please proceed with mop in hand, cleaning up puddles as you go? I hardly see pulling your kid out and taking him into the house to revive him as an act of negligence, which is the only possible route this lawsuit could be taking.


If they weren't negligent then she will lose the case.


She may lose the case but that doesn't mean the homeowners will win. They have to hire an attorney to defend them. The court probably won't dismiss the case until after discovery is completed, so they'll have to pay to answer some discovery requests and sit through a couple of depositions. Then their lawyer will have to draft a motion to have the case dismissed. They are looking at $15-$20,000 in attorney fees minimum. If they have a liberal judge and the case doesn't get kicked out on motions and winds up going to trial, quadruple that estimate.
Link Posted: 10/10/2007 7:35:16 AM EST

Originally Posted By Bama-Shooter:
Interesting. That's why you buy homeowners insurance.

No, that's why employers have Workers Compensation Insurance.

Officer was hurt while responding on duty to an active scene. That's Workers Comp. Doesn't matter if she slipped on a wet floor or had a tree limb fall on her. She was hurt while working.

This suit is bullsh*t and is only an attempt at winning the lottery at the expense of the homeowner.
Link Posted: 10/10/2007 7:41:54 AM EST

Originally Posted By glenn_r:
We had an officer slip on a rescue call and injure his knee. Our workman's compensation carrier sued the homeowner for the icy sidewalk. Our officer had no say in it--it was the insurance carrier. He went along with it, or got no workman's comp benefits.

Could that be the story here?


Bears repeating; this is how most insurers operate. They're trying to limit their payout by making another company do it.
Link Posted: 10/10/2007 7:44:33 AM EST
[Last Edit: 10/10/2007 7:45:34 AM EST by VarmintKilla]

Originally Posted By Bubbles:

Originally Posted By glenn_r:
We had an officer slip on a rescue call and injure his knee. Our workman's compensation carrier sued the homeowner for the icy sidewalk. Our officer had no say in it--it was the insurance carrier. He went along with it, or got no workman's comp benefits.

Could that be the story here?


Bears repeating; this is how most insurers operate. They're trying to limit their payout by making another company do it.


In the report the lawyer is referred to as being her lawyer, not one for Workers Comp. so somehow I don't see it being the case here.

ETA:

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.
Link Posted: 10/10/2007 7:46:49 AM EST
[Last Edit: 10/10/2007 7:48:04 AM EST by Johninaustin]
Worker's comp driven, you can bet on it. Quite a few examples right here. Sue to recover or we don't process your claim.

I HATE that crap. I buy supplemental insurance. No way am I going to be dependant on WC.
Link Posted: 10/10/2007 7:49:59 AM EST

Originally Posted By Rodent:

Originally Posted By Bobby_the_Hun:
I'm looking at this from another perspective: Why was a 1 year old unattended in/or around an unsecured swimming pool ? We all know the consequences.


Do you have any kids? Have they ever bumped their heads or cut themselves? Were you ever injured growing up? Ever have any close calls?

You could wrap a toddler in ballistic armor with an automatic flotation device and round off every corner in your house, and they'll still find a way to stick a pin in an electrical outlet or choke on a Lego.


I absolutely agree with you. Every summer, we adults and some of the teens were always vigilant around the pools, yet the tots were always getting banged up and knocked into the pool, but we were there for them in seconds to pull them out. Sometimes the pool fence fails to keep them out too, but so far we have been lucky.
Link Posted: 10/10/2007 7:51:54 AM EST

Originally Posted By Wobblin-Goblin:

Originally Posted By Bama-Shooter:
Interesting. That's why you buy homeowners insurance.

No, that's why employers have Workers Compensation Insurance.

Officer was hurt while responding on duty to an active scene. That's Workers Comp. Doesn't matter if she slipped on a wet floor or had a tree limb fall on her. She was hurt while working.

This suit is bullsh*t and is only an attempt at winning the lottery at the expense of the homeowner.


If it's true that WC is not covering 100% of her expenses should she just suck it up?
Link Posted: 10/10/2007 7:55:17 AM EST

Originally Posted By VarmintKilla:
In the report the lawyer is referred to as being her lawyer, not one for Workers Comp. so somehow I don't see it being the case here.

ETA:

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.


Still might be the insurance company.

If you run down my kid drunk driving, and I sue you, your insurance company will represent you in court.

I AM PROHIBITED FROM MENTIONING IN THE COURTROOM THAT YOU ARE REPRESENTED BY THE INSURANCE COMPANY, OR THAT YOUR INSURANCE COMPANY WOULD BE THE ONE TO PAY OUT.

All the jury hears is that poor, broke VarmintKilla's life will be ruined if I sue him.

This may or may not work the same way w/ Workers Comp.
Link Posted: 10/10/2007 7:55:36 AM EST

Originally Posted By PeteCO:
Has this bitch no shame?

Hope she's not a PO anymore, because she is demonstrating that she'll do anything for money.


hold on. isn't doing anything for the money a requirement for police work. joking
Link Posted: 10/10/2007 7:57:32 AM EST
[Last Edit: 10/10/2007 7:58:48 AM EST by VarmintKilla]

Originally Posted By PeteCO:

Originally Posted By VarmintKilla:
In the report the lawyer is referred to as being her lawyer, not one for Workers Comp. so somehow I don't see it being the case here.

ETA:

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.


Still might be the insurance company.

If you run down my kid drunk driving, and I sue you, your insurance company will represent you in court.

I AM PROHIBITED FROM MENTIONING IN THE COURTROOM THAT YOU ARE REPRESENTED BY THE INSURANCE COMPANY, OR THAT YOUR INSURANCE COMPANY WOULD BE THE ONE TO PAY OUT.

All the jury hears is that poor, broke VarmintKilla's life will be ruined if I sue him.

This may or may not work the same way w/ Workers Comp.


I looked up the attorney and he is a Personl Injury lawyer in Orlando

Here are the case types he handles, WC is one of them along with pool accidents and slip and fall Shes got the bases covered.

• 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
Link Posted: 10/10/2007 8:00:01 AM EST
That is slimy and dishonorable.
Link Posted: 10/10/2007 8:01:53 AM EST

Originally Posted By glenn_r:
We had an officer slip on a rescue call and injure his knee. Our workman's compensation carrier sued the homeowner for the icy sidewalk. Our officer had no say in it--it was the insurance carrier. He went along with it, or got no workman's comp benefits.

Could that be the story here?

If not, I agree. Wow.


What he said. Our City w/c policy would cover us, and if it's bad enough we have a disability pension.

If it's the individual officer?
Link Posted: 10/10/2007 8:02:49 AM EST
What a cunt
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