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Cop who fell on the job sues family of baby who almost drowned
Orlando Sentinel ^ | October 10, 2007 | Rene Stutzman

Posted on 10/10/2007 9:40:10 AM PDT by Abathar

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." 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.

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


TOPICS: Culture/Society; News/Current Events; US: Florida
KEYWORDS: badcopnodonut; beserkcop; donutwatch; drowning; lawsuit; leo; police; rescue; sleaze
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To: khnyny

On the news last night it was reported that the police chief does not support the lawsuit


61 posted on 10/11/2007 6:20:24 AM PDT by FloridianBushFan (RUN FRED RUN)
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To: fella
Behind this cop’s actions there is a lawyer.

Lawyers are empowered by greedy people.

62 posted on 10/11/2007 7:34:30 AM PDT by AnOldCowhand (The west is dead. You may lose a sweetheart, but you will never forget her - Charles Russell)
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To: Abathar
Oh my God, that poor, poor child. How horrible.

Parents, PLEASE - know where your child is at all times and don't let them out of your sight!
63 posted on 10/11/2007 7:41:08 AM PDT by reagan_fanatic (Ron Paul put the cuckoo in my Cocoa Puffs)
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To: PAR35

“I didn’t notice from the story that the child had a father. Did I miss something there?”


Damn, that changes everything, this police officer should double the amount she’s seeking, being forced to go to a 911 call at a home with an immoral single mother and her enabling parents.
[/sarc]


64 posted on 10/11/2007 7:52:20 AM PDT by BritExPatInFla
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To: Dianna

If this isnt “conduct unbecoming of an officer”....what is?


65 posted on 10/11/2007 11:21:01 AM PDT by Crim (Dont frak with the Zeitgeist....)
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To: Abathar

I just saw this story on Fox News and I want to break stuff now. What an evil rotten witch. Her and the lawyer should be thrown in prison, for harassing this poor family.


66 posted on 10/11/2007 11:27:21 AM PDT by Dengar01
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To: Abathar
"I thought this is what workman's comp was suppose to be for..."

A worker's comp carrier can try to subrogate against a third party if there's a possibility of liability/negligence other than the employer. For example, if you're a carpenter working for a construction company, but the ladder you're climbing breaks because of faulty materials or construction, your employer's worker's comp carrier will go after the general liability carrier for the ladder manufacurer. I suspect that's what's going on here...Some municipalities, particularly the larger ones, are self-insured for either worker's comp, liability or both, and may be leaving the officer hanging out to dry with her medical bills.

Having said all that, I think suing the family is an unmitigated act of the highest sleaziness.

67 posted on 10/11/2007 11:39:06 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Joe 6-pack
I agree with you Joe, but a police officer is put in situations far more diverse than most standard employment, and recognizing this I do believe the state helps municipalities with WC costs simply because officers and firemen are always getting hurt on the job. It truly is an occupational hazard for them to go to work every day and they know that when they join.

If the WC isn't paying her bills then she needs to go after them with a lawyer, not the homeowner. Standing where the EMT's were administering CPR on a drowning victim and then slipping in the water should directly fall under WC, she needs to go after them, not the panicked family members who quite frankly at that moment would give a rats *ss if the police were there afterwords or not, much less a couple of cups of water on the floor.

I can't believe that she would go through with this knowing what the other officers she has to work with must feel about it deep down inside, with the publicity she is getting I bet she retires soon.

68 posted on 10/11/2007 11:55:13 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Joe 6-pack
Oh, and I am not sure so don’t quote me yet, but I think I read in another article that the family doesn’t have insurance for this, I will have to check.
69 posted on 10/11/2007 11:58:51 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Joe 6-pack
http://www.freerepublic.com/focus/f-news/1910071/posts

She dropped her suit.

70 posted on 10/12/2007 4:45:14 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: dmz

One lawyer in town = He drives a Yugo
Two lawyers in town = They both drive Mercedes Benzes


71 posted on 10/17/2007 4:53:01 AM PDT by zimmerking
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