A question for our Casselberry residents

[abnormaltoy]

Mark or Diane,
Do you have any other facts on this case? I can't see a cop not being fully insured for on duty injuries. Was the site unusually hazardous? Maybe more info in the Wednesday Shopper?




Florida cop, hurt during drowning call, sues toddler's family


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.

[Rocksurfer]

Only in Florida. 

[DTB]

workers comp?

[abnormaltoy]

workers comp?

Exactly...there's got to be something going on here (there) that isn't reported on.

[*FFC*]

What a pregnant dog.... I'd sue the police department for workers comp or something, but not the family you're sworn to protect

[*FFC*]

Mark, can you post the link or PM it to me for this article?

Thanks!

[abnormaltoy]

Mark, can you post the link or PM it to me for this article?

Thanks!

Ask and it is done! http://www.baynews9.com/content/36/2007/10/11/294332.html

We don't know what other parties, if any, are listed in the suit. It could be a "formality" that these people have to listed. This suit could've been brought on behalf of the officer by her insurance or the worker's comp company.

That's one reason I didn't sue when my wife died, I hate freaking lawyers...and some is just an accident.

[*FFC*]

Thank you...

[Lady Di]

Mark or Diane,
Do you have any other facts on this case? I can't see a cop not being fully insured for on duty injuries. Was the site unusually hazardous? Maybe more info in the Wednesday Shopper?

The Wednesday Shopper! That would be The Penny Pincher

This was the latest from The Orlando Sentinel http://www.orlandosentinel.com/news/local/seminole/orl-bk-copsuit101107,0,7344860.story?coll=orl_tab01_layout

Officer who is suing family of boy placed on leave
Rene Stutzman

Sentinel Staff Writer

2:26 PM EDT, October 11, 2007

CASSELBERRY

The city reported today that it has placed on leave a police sergeant who sued a family with a baby who suffered severe brain damage from a near drowning because the officer slipped and fell in a puddle of water at the house.

Sgt. Andrea Eichhorn is a 12-year department veteran.

The police department would not explain why she was removed from duty. In a prepared statement, the department said it did so after a controversy over the suit caused it to review the incident.

Eichhorn sued the mother and grandparents of Joey Cosmillo, 22 months, on Oct. 1, alleging negligence. The suit says she slipped and fell in water that was left on the floor because the boy had been brought inside.

Eichhorn broke her kneecap and missed two months of work because of the Jan. 9 incident. Her medical bills and pay during that time were covered by the city or its insurance carrier.

Eichhorn's attorney David Heil was not immediately available for comment.

A check of the court file at noon indicated the status of the suit had not changed.

City Manager Barbara Lipscomb, in a prepared statement, said she wanted to encourage Cassleberry residents to continue to call 911 when there is an emergency.

[Lady Di]

Here's a good editorial by Mike Thomas (he can be really funny)

Hello, 911? Send a cop -- who won't sue
Mike Thomas

COMMENTARY

October 11, 2007

Andrea Eichhorn has twisted the police motto to "Protect and Serve -- and Sue."

You can't slip and fall these days without involving a lawyer.

The Casselberry police sergeant entered a house in January, responding to a drowning call.

There was water on the floor because the mother somehow forgot to towel off her unconscious baby after dragging him out of the pool.

Rescue workers had safely navigated the puddles. But Eichhorn went down, busting her knee.

She missed time at work, but that was covered by her benefits. So were her medical bills.

But she claims needless and endless pain and suffering for which she is entitled compensation.

And so she is suing the mother and her parents, who own the house. This is a family struggling to make ends meet as it copes with a severely brain-damaged 23-month-old child.

The lawsuit claims that the family failed "to maintain their property in a safe manner and/or to provide warning of the dangerous condition."

I suppose the mother, Angela, could have set her nonbreathing boy aside and grabbed a mop bucket before calling 911. Or perhaps she could have put out one of those signs in the doorway, the kind you see in public bathrooms with the universal image of a man slipping.

Hey, why doesn't Eichhorn's attorney add the rescue workers to the lawsuit for not warning her?

When people become police officers, they assume certain risks, such as getting pushed, hit, kicked, stabbed and even shot. If any of the people inflicting such abuse on them had any money, I certainly would support the cops suing them silly.

But I draw the line at household puddles, particularly those formed from the drips of a dying child.

Pardon the pun, but consider the slippery slope this puts us on.

Imagine future calls to 911:

Caller: There's a man trying to get in my house.

Dispatcher: We'll get right on that, sir. But first, I need to fill out a hazard disclaimer form.

Caller: What?

Dispatcher: Have you waxed your floors recently?

Caller: Huh? I don't know.

Dispatcher: Any small, unsecured throw rugs in pass-through areas?

Caller: He's breaking out the window and coming in!

Dispatcher: Do you have any asbestos insulation in the attic?

Caller: He has a gun!

Dispatcher: Do you cook with nut-based oils in an unventilated kitchen?

Caller: (Blam! Blam!) Gurgle. Gasp.

Dispatcher: Sir? Sir? Any cracks in your walls symptomatic of sinkhole activity?

If Eichhorn cashes in on this lawsuit, do you know what will happen?

Property insurers will divide the number of houses in the United States by the number of 911 calls, conduct a worst-case actuarial study and quadruple rates.

People won't call 911 for fear of getting canceled by Nationwide.

First sinkholes. Then mold. Then hurricanes. Next will be the Law Enforcement Litigation Crisis.

The screwy thing is that her record indicates Eichhorn is a good cop.

But this embarrasses her. It embarrasses her department, which is why her supervisors have gone to great lengths to separate themselves from this lawsuit.

And it seeks to punish a family that couldn't be any more punished for this tragedy. The grandparents, who weren't even home at the time, have since devoted their lives and meager resources to a helpless child.

Here is good cop advice for Eichhorn: Just walk away and leave it.

[Lady Di]

Only in Florida. 

NOT! This could happen any where in the country and you know it does. There are all kinds of ridiculous lawsuits going on.

[*FFC*]

Here's a good editorial by Mike Thomas (he can be really funny)

Hello, 911? Send a cop -- who won't sue
Mike Thomas

COMMENTARY

October 11, 2007

Dude, that was great

[Lady Di]

Dude, that was great

Can you believe that? her time off and medical bills were covered by her benefits!!!
She was just trying to make money off of these poor people when they were already suffering so much themselves.

She needs to be let go. She is supposed to 'serve and protect'.

Mike Thomas' commentary is great.

[Cheesemaker]

This reminds me of my co-worker!  Who threw a party, woke up at 3 am, to find his 24 year old "best friend" on top of his 16 year old sister.  In his drunken state, procedes to beat the crap out of him and his friend gets a break, runs out the door gets in his truck, starts it and puts it in reverse!  Co-worker runs out, grabs ahold of truck and is hoping to make his way to the drivers door that is still open.  This is while the rig is moving.  What makes him let go, is the rock that severs his tendon in his knee!  He now has permanent nerve damage in his leg.  He is suing his "best" friend for a rather large settlement!  He's hoping to get a HUGE payout!  I would love to be the called for Jury duty on that one!  Hell, no why would you want to grab a bumper of a moving rig?

The FL story is BS.  The Officier is there to help people, and there are times that you may be getting hurt on the job and that you will have to deal with it!  I think they were wanting an out with pay!  There are reasons for suing and it has gotten WAY out of control!

[BLACKDOG]

WTF!!! 

What is wrong with that woman?  You want a safe environment, police work isn't the answer.  I can't even think of another reason for wanting to do this than to get out of work for good, and retire.  Talk about abusing your position :eyeroll:

Protect and serve my !!

[Willy Mammoth]

The city should fire this clown and send here on here way.

[BLACKDOG]

The city should fire this clown and send here on here way.

[Willy Mammoth]

Not only is this BS, and it was said on the news today that she has dropped the suit. I am sure the family has had some expenses relating to this and they should have a lawyer already, they should file suit against her for comming up with this in the first place and seek damages.

[Willy Mammoth]

Here is some good reading for you that like to dig a little deeper.


OH the drama!!!!

http://www.policelink.com/discussions/4-general-law-enforcement/topics/2964-the-dingleberry-in-casselberry-fl-pd-sgt-andrea-eichhorn-sues-family-that-she-helped-wtf

[BLACKDOG]

Here is some good reading for you that like to dig a little deeper.


OH the drama!!!!

http://www.policelink.com/discussions/4-general-law-enforcement/topics/2964-the-dingleberry-in-casselberry-fl-pd-sgt-andrea-eichhorn-sues-family-that-she-helped-wtf

  thanks for that link Mark.  Of course, it just pisses me off even more.  Just another example of someone not taking responsibility for their own actions.  I guess Firefighters should start suing families when they're fighting a fire in their house and get burned because they didn't make their home "fireproof" huh?  ITS YOUR F'ING JOB!!!  IF you don't like the risk, get another one!!  It ain't that hard.

[abnormaltoy]

  thanks for that link Mark.  Of course, it just pisses me off even more.  Just another example of someone not taking responsibility for their own actions.  I guess Firefighters should start suing families when they're fighting a fire in their house and get burned because they didn't make their home "fireproof" huh?  ITS YOUR F'ING JOB!!!  IF you don't like the risk, get another one!!  It ain't that hard.

Yep...good link Mark! That's why I called on y'all.

I wish people would remember their anger next time there's another frivolous lawsuit...like the pants judge in DC.

[*FFC*]

  thanks for that link Mark.  Of course, it just pisses me off even more.  Just another example of someone not taking responsibility for their own actions.  I guess Firefighters should start suing families when they're fighting a fire in their house and get burned because they didn't make their home "fireproof" huh?  ITS YOUR F'ING JOB!!!  IF you don't like the risk, get another one!!  It ain't that hard.

PREACH IT!!!

[Lady Di]

DINGLEBERRY

[46&2]

 


That is just disgusting. Not like I ever had much respect for "law enforcement" but that is just slimy and wrong.

[topar]

Well I have to tell you I have been in Law Enforcement for about 12 years now First in a municipality and now as a Police officer on a college campus.  For the life of me I cant imagine this.  She should be fired and if sued the judge should make her do community service at the home the child lives in now if the parents are okay with that.  Another fine example of why folks don't like police always some idiot out their making us look oh so good.  The department probably will not fire her though out of fear of being sued.  I have seen that in this area more than one time.