Officer Hurt On 911 Call Sues Family - Woman Broke Knee After Slipping On Puddle

[The Straight Story]

Officer Hurt On 911 Call Sues Family
Woman Broke Knee After Slipping On Puddle

CASSELBERRY, Fla. -- A police officer has sued the family of a 1-year-old boy who nearly drowned because she slipped and injured a knee responding to their 911 rescue call.

The young boy, Joey Cosmillo, fell into the family pool in January. He was resuscitated but suffered brain damage and now cannot walk, talk or swallow. He lives in a nursing home and eats and breathes through tubes.

Casselberry police Sgt. Andrea Eichhorn alleges the boy'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 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."

http://www.local6.com/news/14308125/detail.html

[liberalnurse]

1. I doubt if that will stick....

The injury falls under Workers' Compensation Law.

[kestrel91316]

3. THANK YOU. It's an on-duty injury.

Besides, it's not like there was any negligence in the floor being wet. There was a MEDICAL EMERGENCY in the home.

That woman is TOO STUPID to be a cop. Fire her.

[liberalnurse]

5. Speaking of stupid....

The lawyer who filed the suit is a brick short of a load as well.

[eFriendly]

10. My first thought was that the lawyer was Ellis Ruben. . .

but then I remembered he died last year or the year before. Florida is full of these type of lawyers, regretfully.

[pnwmom]

16. The lawyer had a responsibility to turn down the case. I blame him more. n/t

[VLC]

21. Stupid and heartless.

I wonder what she'd sue for if she got shot at in the course of her duties?

[DU9598]

6. Workers' Comp Subrogation

It may well be that it is the employer (the city) or its insurance carrier pushing this claim. The insurer who paid the workers' compensation benefits likely wants reimbursement for the benefits it paid out through workers' compensation. If they can get this officer to sue and get money from the family, the workers' compensation insurance company can get its money back. It is all about having the actual negligent party pay the damages to the worker. In this case, I cannot fathom how there could be negligence on the part of the family in the emergency situation.

[eyesroll]

9. The article says she's suing because workers' comp and disability is not enough.

Her lawyer said the family "caused these problems, and is now playing the victim." Ugh.

[eFriendly]

11. If the officer wanted a "safe" job. . .

then perhaps she should have considered a different profession. This one is some piece of work, though. lol

[DU9598]

14. Compensation

So she was injured ... should she not be compensated as the law allows? It may well be that the law will find the family was in no way negligent. But, are we going to start denying injured people (as this lady is) their day in court because we feel sorry for the person sued? Let the courts handle it, please. And also please realize that there are so many workers' in this country made destitute because workers' compensation laws have been "reformed" to protect businesses. Do we know if this officer has lost significant wages, benefits, had extreme pain and suffering, etc?

[pnwmom]

18. Should this family have to hire lawyers to defend themselves

against this frivolous lawsuit? This is the kind of case that makes liability attorneys look bad.

Read the article. Her attorney is making the argument that she "might" have arthritis in the future. Give me a break. Most people have arthritis in the future.

[DU9598]

23. Myth

The family will not have to hire a lawyer, their insurance carrier does that as a part of their homeowners policy.

[H2O Man]

24. Assuming

that they have homeowners insurance.

[pnwmom]

27. First you're assuming they have insurance. Second you're assuming

their insurer won't point to a provision in the policy that guards against workman's comp cases. Third you're assuming that there won't be any harm to the family if the insurer does get involved -- for example, that the insurer won't drop them at renewal time.

[eyesroll]

22. The law DOESN't allow compensation.See my other reply: Firefighter's rule. Google it if you need to.

It's the rule in the vast majority of jurisdictions that cops, firefighters, etc. can't sue if they get injured while doing the course of their job. (This isn't "let the courts handle this" -- it's "there's well established case law and statutes stating that the cop has no right to sue." I didn't look up Florida's firefighter's rule but I bet there is one that applies here.)

It has nothing to do with how sympathetic the other party is -- a firefighter isn't allowed to sue an arsonist for injuries the firefighter sustained in putting out the blaze. A cop isn't allowed to sue a fleeing robbery suspect if the cop breaks his ankle while chasing the perp. Yes, the pile-on here is because the cop is suing a family that's been through a lot already...but still. A police officer is paid to assume the risk of injury during the course of her duty. (That she's not paid enough may be a legitimate complaint, but is irrelevant here.)

[DU9598]

25. So

The court will handle it, if that is the law in Florida, correct?

The workers' compensation system in Florida was "reformed" while Jeb Bush was governor. You really sure that this injured worker who is a police officer has been fully compensated under the workers' compensation system?

[eyesroll]

26. It doesn't matter, legally, whether she was fully compensated or not.

If the law says she can't sue, the court will throw the case out (failure to state a claim upon which relief can be granted).

I don't know if she did or did not get the full value of her injury from workers' comp and disability. The article didn't say. She obviously believes she wasn't, and knowing what I know of workers' comp, she's probably right. Still...this is not an avenue open to her, at least in most jurisdictions.

By taking a job as a police officer, she voluntarily assumed the risk of getting injured in the line of duty. If she did not want to assume the risk, she did not have to become a police officer. (No, this isn't "blaming the victim" -- this is what the law says.)

[pnwmom]

17. Doesn't look like that's the case.

"Police Chief John Pavlis said Eichhorn was a good officer, though he urged her not to sue."

[H2O Man]

8. That does not

stop the person from filing a civil suit against the family. WC keeps her from filing against her employer.

It sounds as if she is looking for the family's homeowner insurance company to pay. The attorneys are going to look to the potential deep pockets.

I in no way support the suit, and think it is cold and heartless.

[DaveJ]

2. I thought, now way this can be real..

Then before even clicking on the link, I pretty much knew what state reported on this.

[eFriendly]

4. This has to be one of the dumbest officers I have read about so far.

This makes even less sense than the two officers who were found to be speeding in the river and operating the craft recklessly when their police boat hit a bridge support and they tried to sue the sheriff's office for their injuries.

It seems that Florida is full of the stupidest cops in the nation.

[eyesroll]

7. Won't stick. See "firefighter's rule."

Firefighters, police, and other such personnel voluntarily assume the risks inherent to their job. It's foreseeable that a cop might encounter water when responding to a pool incident; the police officer's pay takes foreseeable risks into account.

[tammywammy]

12. There's another thread on this

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2011749


I tend to wonder if her insurance isn't covering it b/c they think the homeowners insurance should.

[pnwmom]

19. She'd still get workman's comp. Whoever heard of this kind of

case succeeding before? If homeowners insurance would cover it, you'd having injured police and firefighters suing all the time.

[tammywammy]

20. I know, it's very strange

[mitchtv]

13. I'd fire her, but I suspect she'll

be going out on disability

[alarimer]

15. Fuck you, officer

You missed two months of work and the boy is paralyzed FOR LIFE. Get a fucking clue you miserable excuse for a human being.

[pnwmom]

28. She stood up and walked around after her slip. With a broken knee?

This case smells.

http://www.orlandosentinel.com/news/local/seminole/orl-mdrown1007oct10,0,7318452.story?coll=orl-sports-headlines-motorrace

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.