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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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Richard Cosmillo holds his grandson, Joey Cosmillo, who is profoundly disabled after nearly drowning in the family pool. Joey lives at a rehabilitation home now, where Richard Cosmillo visits him daily.

1 posted on 10/10/2007 9:40:15 AM PDT by Abathar
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To: Abathar

This seems like a truly heartless thing to do to a suffering family.
Paging John Edwards! Is there an ambulance-chaser in the house?


2 posted on 10/10/2007 9:41:35 AM PDT by JerseyDvl (If You Support America - Thank a Soldier; If You Support Al-Qaeda - Thank a Democrat!)
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To: JerseyDvl

I don’t think she has a case. She probably should have consulted a competent lawyer before suing.


3 posted on 10/10/2007 9:43:10 AM PDT by Brilliant
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To: JerseyDvl
I thought this is what workman's comp was suppose to be for, she was on the job, lord knows if your a cop your put in positions other than what most people would consider normal. Does this mean if she climbed a fence and it broke hurting her she can sue the homeowner too?
4 posted on 10/10/2007 9:43:45 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Abathar
Thank you John Edwards for making such frivolous lawsuits possible.

Moron!!!

5 posted on 10/10/2007 9:46:06 AM PDT by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter '08)
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To: Abathar

Behind this cop’s actions there is a lawyer. Just got to admire how a lawyer can smell money and suck it out of any situation.


6 posted on 10/10/2007 9:47:21 AM PDT by fella (The proper application of the truth far more important than the knowledge of it's existance."Ike")
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To: Abathar

Doesn’t the police dept carry Workers Comp?


7 posted on 10/10/2007 9:48:02 AM PDT by Slapshot68
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To: Slapshot68
I think by law they would have to, or something exactly the same but special for municipal workers.
8 posted on 10/10/2007 9:50:26 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Slapshot68

Would you do what they do without workman’s comp? I sure as heck wouldn’t.


9 posted on 10/10/2007 9:51:12 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Brilliant

She should have looked into her heart. Or maybe she did and found it dark.

Doen’t police departments carry insurance for injuries that occur on the job?


10 posted on 10/10/2007 9:52:25 AM PDT by Stark_GOP
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To: Brilliant

She should have looked into her heart. Or maybe she did and found it dark.

Doesn’t police departments carry insurance for injuries that occur on the job?


11 posted on 10/10/2007 9:52:45 AM PDT by Stark_GOP
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To: Abathar

In many states police and fire emergency workers are barred from suing under what’s called the rescue doctrine. The idea is that it’s not good public policy to make people afraid to call 911 because they’ll be liable if any of the professionals who respond are injured. The doctrine doesn’t apply to hidden, unusual dangers unless the rescuers are advised of the risk, like having kegs of black powder in a house that’s on fire. Water around a drowning victim probably isn’t hidden or unusual. But don’t count on the case being thrown out-frivilous lawsuits are only filed because they are sometimes successful.


12 posted on 10/10/2007 9:53:00 AM PDT by Spok
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To: Brilliant
I don’t think she has a case. She probably should have consulted a competent lawyer before suing.

You are joking right? I don't know about you but I've been noticing lately that the cases that have been succeeding are those that are the most outrageous. Did you see where the manager of a McDonald's was awarded a million dollars for her part in raping an employee?

Naw... This cop probably has an ambulance chaser like Edwards representing her and she will walk home with 300 million dollars or more after the attorney finishes suing the family, city, county, state, federal government and Bush. They will make some bogus claim that department issued shoes weren't water resident enough or some stupid thing like that and that GW didn't send FEMA in quick enough to mop up the water and stop her from falling.

Our country has lost it's mind.

JMHO

13 posted on 10/10/2007 9:53:46 AM PDT by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter '08)
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To: Abathar
Florida has way more than it’s fair share of POS, ambulance chasers calling themselves “attorneys”.

I wonder what the police department higher ups think of this officer’s frivolous lawsuit.

14 posted on 10/10/2007 9:56:34 AM PDT by khnyny (It is the mark of an educated mind to be able to entertain a thought without accepting it..Aristotle)
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To: Abathar

This is just sick!


15 posted on 10/10/2007 9:56:54 AM PDT by diamond6 (Everyone who is for abortion has been born. Ronald Reagan)
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To: Abathar
Perhaps Workman’s comp versus home owners insurance company . Insurance snake lawyers make regular ambulance chasers look like public servants .
16 posted on 10/10/2007 9:57:14 AM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know)
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To: EndWelfareToday

Homeowner’s insurance covers accidents that happen in YOUR home.


17 posted on 10/10/2007 9:57:34 AM PDT by LetsRok
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To: EndWelfareToday

There are certain rules of law that might even prevent this case from getting past a motion to dismiss, much less to trial. Of course, I’m assuming that there is a competent judge.


18 posted on 10/10/2007 9:58:16 AM PDT by Brilliant
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To: LetsRok

Your point negates mine how again?


19 posted on 10/10/2007 9:59:14 AM PDT by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter '08)
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To: Abathar

Maybe she should get a job taking tickets at the theater. But first paper cut.....

The real victim here is this child. Some people can be an embarrassment to the badge. Disgusting.


20 posted on 10/10/2007 10:01:08 AM PDT by Sue Perkick (And I hope that what Iíve done here today doesnít force you to have a negative opinion of meÖ.)
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