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Fla. Police Officer Sues Victim's Family
Fox News ^ | 10/10/2007 | Associated Press

Posted on 10/10/2007 8:22:22 AM PDT by BearCub

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."

(Excerpt) Read more at foxnews.com ...


TOPICS: News/Current Events
KEYWORDS: dial911; donutwatch; floriduh; toprotectandsue
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Another useless police officer ping!

I estimate that in less than ten minutes the bootlicking police apologists will show up.

1 posted on 10/10/2007 8:22:24 AM PDT by BearCub
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To: BearCub
Not here! The family is suffering enough, why does this idiot want to add to their pain.
2 posted on 10/10/2007 8:24:13 AM PDT by alice_in_bubbaland (Ron Paul is nutcase, plain & simple.)
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To: BearCub

If the Police can now sue non-criminals because of the conditions in which the Police officer meets the non-criminal victim... I’m just freaking speechless!

Holy mother of all cows!


3 posted on 10/10/2007 8:26:21 AM PDT by MortMan (Have a pheasant plucking day!)
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To: BearCub

Answering a 911 drowning call and slipping on water, then suing, would be akin to a firefighter suing for smoke inhalation after being called to the scene of a fire. Ridiculous! Sad part is, suits like this are often legal extortion, especially if they’re suing the family’s homeowner’s ins. The insurance people will settle because they don’t want to fight it in court.


4 posted on 10/10/2007 8:26:38 AM PDT by dawn53
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To: BearCub

Yeah. Only police sue people for having an accident in a house.


5 posted on 10/10/2007 8:26:39 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: BearCub

She should have chosen another line of work. This is just wrong.


6 posted on 10/10/2007 8:27:25 AM PDT by umgud (Axis of Propaganda; lib academia, lib media, lib entertainment)
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To: alice_in_bubbaland

“To Protect and Serve” - ROFL.....now the gestapo we call a police force is suing victims...must have come up with this at one of their Starbucks meetings, over their frappacinos and pound cake....”law enforcement” disgusts me....they are all nothing but thugs with badges.


7 posted on 10/10/2007 8:27:30 AM PDT by Alright_on_the_LeftCoast
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To: BearCub

david@heil-law.com

Are there any lawsuits that these guys won’t take?


8 posted on 10/10/2007 8:29:09 AM PDT by poobear (Pure democracy is two wolves and a lamb voting on what's for dinner. God save the Republic!)
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To: AppyPappy
Yeah. Only police sue people for having an accident in a house.

She was doing her job. The relatively safe job with the nice state pension (that we pay for but don't get ourselves). She is immune from civil liability when she is on the job - that should go both ways. She has medical and disability coverage through her employer.

9 posted on 10/10/2007 8:29:51 AM PDT by BearCub
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To: BearCub

Well, I’m glad that Officer Eichorn is really concerned about the well-being of that little boy.


10 posted on 10/10/2007 8:30:01 AM PDT by Virginia Ridgerunner
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To: BearCub

This happens so often that the Utah Supreme Court just had a ruling limiting how much a cop could get in a lawsuit like this one.


11 posted on 10/10/2007 8:30:03 AM PDT by VRing (Happiness is a perfect sling bruise.)
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To: alice_in_bubbaland
"Not here! The family is suffering enough, why does this idiot want to add to their pain."

She has a hard job, don't you know that excuses EVERYTHING!!!

12 posted on 10/10/2007 8:30:49 AM PDT by rednesss (Fred Thompson - 2008)
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To: BearCub
well, we dislike you cop-haters too!

that being said, she signed up for the job. the risks are implied. from getting shot to slipping on a puddle of water. this is utter stupidity if it is how the article says it is.

but i have learned that there are 3 sides to every story: your side, my side, and the truth.

13 posted on 10/10/2007 8:31:44 AM PDT by thefactor
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To: BearCub

Scumbag cop POS.

Truly disgusting.


14 posted on 10/10/2007 8:31:46 AM PDT by SJSAMPLE
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To: BearCub

Mabe she slipped because she was wearing her jackboots that she uses to kick America loving grandmothers who smoke medicinal marijuana for their rhumatism.


15 posted on 10/10/2007 8:32:00 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: BearCub
"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."

Their kid's laying on the floor, brain-dead, and they didn't wipe up the water on the floor before the city servant arrived????

...how rude

16 posted on 10/10/2007 8:33:00 AM PDT by Landru (finally made it to the dark side of the moon.)
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To: BearCub
I completely agree that the lawsuit is ridiculous...however, I learned through a recent story her in Omaha that the claimants insurance company is actually the one who sues...I don’t know in this cop case..but a little girl was hurt sledding in a city park and the city got sued..the lawsuit show the child name but the girls insurance company was the one actually suing..they want the deep pockets...and the insurance policy says they can.

Having that said..the cop is nuts!

17 posted on 10/10/2007 8:33:14 AM PDT by conservativehusker (GO BIG RED!!!!)
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To: BearCub

So, who does the cop sue if he gets sunburned while working an accident? The guy running the red light or the hapless sap who got T-boned?


18 posted on 10/10/2007 8:35:09 AM PDT by MoMagic
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To: BearCub
you're wrong. cops are not immune to civil liability.

if a cop gets in an auto accident while racing to a crime scene with lights and sirens on, yes they are covered.

if they go through a red light for no reason and hit someone, they would not be immune to civil liability.

if you are following the law and dept procedure, you're covered. if you're not, you're not.

19 posted on 10/10/2007 8:35:17 AM PDT by thefactor
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To: VRing

http://www.deseretnews.com/article/1,5143,695214421,00.html


20 posted on 10/10/2007 8:35:39 AM PDT by VRing (Happiness is a perfect sling bruise.)
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