Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first 1-5051-71 next last

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
[ Post Reply | Private Reply | View Replies]

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!)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 2 | View Replies]

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)
[ Post Reply | Private Reply | To 2 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Abathar

Doesn’t the police dept carry Workers Comp?


7 posted on 10/10/2007 9:48:02 AM PDT by Slapshot68
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 7 | View Replies]

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)
[ Post Reply | Private Reply | To 7 | View Replies]

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
[ Post Reply | Private Reply | To 3 | View Replies]

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
[ Post Reply | Private Reply | To 3 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 3 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 4 | View Replies]

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
[ Post Reply | Private Reply | To 13 | View Replies]

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
[ Post Reply | Private Reply | To 13 | View Replies]

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)
[ Post Reply | Private Reply | To 17 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: khnyny

“Florida has way more than it’s fair share of POS, ambulance chasers calling themselves “attorneys”.”

I understand that these parasites advertise on bullitin boards in FL...

We get way too many here in AK, I shudder to think of what my grandchildren will face as adults.


21 posted on 10/10/2007 10:01:56 AM PDT by ASOC (Yeah, well, maybe - but can you *prove* it?)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Abathar

From the article:

While she was on medical leave, Pavlis said, the city’s insurer paid her medical bills and provided disability checks.

Eichhorn, a 12-year department veteran, would not discuss the suit. Her attorney said those benefits, paid by the city’s workers’ compensation carrier, were not enough.


22 posted on 10/10/2007 10:02:19 AM PDT by Crim (Dont frak with the Zeitgeist....)
[ Post Reply | Private Reply | To 9 | View Replies]

To: EndWelfareToday

Hopefully this will get thrown out quickly. What an awful thing to put an already suffering family through. She should be ashamed. Police put their LIVES on the line & she’s suing over a stupid slip & fall?

Lost its mind indeed.


23 posted on 10/10/2007 10:05:04 AM PDT by Sue Perkick (And I hope that what Iíve done here today doesnít force you to have a negative opinion of meÖ.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Abathar

What a sad story all around.

Just wondering about the ramifications if the suit goes through and the office wins (unlikely). Could one require a waiver of liability if the police showed up on your doorstep with a warrant? If the office refused to sign, then could entry be denied?


24 posted on 10/10/2007 10:06:47 AM PDT by colinhester
[ Post Reply | Private Reply | To 1 | View Replies]

To: Abathar

She was no doubt inspired by the case of the DC judge who sued for millions over a pair of pants and rejected an offer of a large settlement in his greed to get more. That idiot has NOT been removed and remains a judge in DC.


25 posted on 10/10/2007 10:08:15 AM PDT by apocalypto
[ Post Reply | Private Reply | To 1 | View Replies]

To: fella
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.

Yup. The profession as a whole is pure evil. I say they are more dangerous to the American way of life than drug dealers and terrorists put together. I would disinherit any child of mine that became an attorney. Scum--filth--bloodsuckers-- I hate their guts and would rather live under the law of the jungle than under the boot of the American legal system.

-ccm

26 posted on 10/10/2007 10:10:28 AM PDT by ccmay (Too much Law; not enough Order.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Abathar

This is absolutely disgusting.

I hope this Sergeant is shunned by her whole department. She is a repulsive human being.

I think this is the most horrible story I’ve read in a while. Truly, she is circling the bowl of humanity.


27 posted on 10/10/2007 10:11:41 AM PDT by KJC1
[ Post Reply | Private Reply | To 1 | View Replies]

To: Abathar

This is right up there with the woman who sued McDonald’s because she spilled hot coffee on herself,,,,,,,,,,,and you can be guaranteed this office WILL WIN the case,,,,jurors are incompetent these days...........


28 posted on 10/10/2007 10:13:02 AM PDT by rockabyebaby (HEY JORGE, SHUT UP AND BUILD THE BLEEPING FENCE, ACTIONS SPEAK LOUDER THAN WORDS.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ASOC
I understand that these parasites advertise on bullitin boards in FL...

Yes, if you've ever visited FL, you'll see huge billboards advertising every slime ball attorney that trolls the state, complete with pictures of their smiling faces.
29 posted on 10/10/2007 10:25:00 AM PDT by khnyny (It is the mark of an educated mind to be able to entertain a thought without accepting it..Aristotle)
[ Post Reply | Private Reply | To 21 | View Replies]

To: colinhester
That's a good thought you have, demand they sign a waver before coming on your property, even with a warrant.

The sick thing is I can see this happening someday.

30 posted on 10/10/2007 10:28:55 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Abathar

its lawyers like this prick that really anger me.

wife got into an accident last year where she was hit by a dunk driver twice (totalling my new jeep) who proceeded to get out of the car and run. he shows up at the hospital a couple hours later. he admits to having been drunk, driving on a suspended license (suspended for *gasp* DUI), hit and run, no insurance, and driving in a vehicle that he took without permission that belonged to his friend’s mom.

and i could not find a single lawyer willing to sue for damages.


31 posted on 10/10/2007 10:29:48 AM PDT by absolootezer0 (stop repeat offenders- don't re-elect them!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EndWelfareToday

Thank you John Edwards for making such frivolous lawsuits possible.
_______

You’re kidding, right? There have been frivolous lawsuits ever since the day 2 lawyers occupied the same time zone.


32 posted on 10/10/2007 10:29:55 AM PDT by dmz
[ Post Reply | Private Reply | To 5 | View Replies]

To: Abathar
interesting. the other post on this subject seems to be focusing its negativity on the cop. this one is focusing more on the lawyer. wonder why?

i think it is done by the first couple of posters. their comments get people thinking about their point of view and therefore, steer the conversation.

33 posted on 10/10/2007 10:32:48 AM PDT by thefactor
[ Post Reply | Private Reply | To 1 | View Replies]

To: absolootezer0
I bet they would gladly go after your own insurance company thought, for un-insured or under-insured if you have it on the policy. They want the quick bucks, thats it.

My daughter was hit while getting off the schoolbus a few years ago, a kid slammed on his brakes, skidded past the end of the bus through the lights and knocked my daughter over 50' from where she was standing. The next week I must have gotten a dozen packets from lawyers advertising, one of them actually paid to get a copy of the police report and put it in with his sales pitch. I swear it was the most disgusting thing I ever saw.

34 posted on 10/10/2007 10:34:18 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
[ Post Reply | Private Reply | To 31 | View Replies]

To: dmz
Thank you John Edwards for making such frivolous lawsuits possible.

_______

You’re kidding, right? There have been frivolous lawsuits ever since the day 2 lawyers occupied the same time zone.

Yes, but it's still fun to see him blamed for it. Wouldn't he do the same thing if he were running against a trial laywer?

35 posted on 10/10/2007 10:35:16 AM PDT by keat (You know who I feel bad for? Arab-Americans who truly want to get into crop-dusting.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Abathar
Anytime someone asks if you know a POS, heres one Sgt. Andrea Eichhorn
36 posted on 10/10/2007 10:35:38 AM PDT by org.whodat (What's the difference between a Democrat and a republican????)
[ Post Reply | Private Reply | To 1 | View Replies]

To: thefactor
I think it’s an argument of which one of them is truly lower than whale sh*t in the bottom of the sea. I guess it all depends on your point of view.
37 posted on 10/10/2007 10:36:11 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
[ Post Reply | Private Reply | To 33 | View Replies]

To: Abathar

You know, there really isn’t anyone to cheer for in this story, is there. The parents didn’t properly supervise the child, they didn’t secure their pool, and now, they stick the child in a nursing home. The EMTs didn’t know when to quit trying to revive the baby, and the cop certainly doesn’t come across well.


38 posted on 10/10/2007 10:39:27 AM PDT by PAR35
[ Post Reply | Private Reply | To 1 | View Replies]

To: dmz
Thank you John Edwards for making such frivolous lawsuits possible.
_______

You’re kidding, right? There have been frivolous lawsuits ever since the day 2 lawyers occupied the same time zone.

Which is why our Lord Jesus Christ said, "And he said, Woe unto you also, ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers. (Luke 11:46)

Woe unto you, lawyers! for ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered." (Luke 11:52)


Q: Why don't sharks ever eat an attorney?

A: Professional courtesy.

39 posted on 10/10/2007 10:47:15 AM PDT by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter '08)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Abathar

Ladies shouldn’t be cops. Especially this one. What they left out is that she is probably profoundly out of condition and grotesquely overweight.

It’s not like she hit an unexpected ice-patch. Heck, hockey players deal with ice every day on the job and this cow is complaining because she slipped on a wet floor?


40 posted on 10/10/2007 10:50:04 AM PDT by Bon mots
[ Post Reply | Private Reply | To 1 | View Replies]

To: Abathar
yes but if you look at your thread, the first couple of postings are about the lawyer.

on the other thread, the first couple of posts are about the officer.

the threads then go on to focus on that particular actor repsectively.

that is my empirical research for the day. i just found it interesting. i am not sure which one is lower. if the cop's job isn't paying all the bills (which it should!) then i can't blame the cop for wanting her bills covered. but not in this way.

41 posted on 10/10/2007 11:05:38 AM PDT by thefactor
[ Post Reply | Private Reply | To 37 | View Replies]

To: khnyny

LOL

I havn’t been in FL since the mid 80s, and that was on the panhandle (Destin area)for diving.

AK doesn’t allow billboards, so at least this far, we have been spared that pain.


42 posted on 10/10/2007 11:09:36 AM PDT by ASOC (Yeah, well, maybe - but can you *prove* it?)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Spok
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.

My guess is some scumbag lawyer is going for a settlement that's cheaper than the costs to insurance company (ie. paying its lawyers) for defend the suit. This cop will likely get $10-20K.

43 posted on 10/10/2007 11:10:14 AM PDT by doc30 (Democrats are to morals what an Etch-A-Sketch is to Art.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Abathar

This is truly twisted.


44 posted on 10/10/2007 11:32:58 AM PDT by freekitty ((May the eagles long fly our beautiful and free American sky.))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Crim

Cry me a f***ing river. Not enough??? I sense an affirmitive action hire here. I personally think we should have a National Bitch Slap Day. Oh heck make it a week. The premise is obvious. On that one week out of the year one can bitch slap obviously cretinous moronic retromigent pond scum like this waste of oxygen.

God please look after the real victim in this farce. The poor child.


45 posted on 10/10/2007 11:36:08 AM PDT by lastchance (Hug your babies.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: PAR35

I wish people would read the whole article; the grandparents own the pool in their backyard; they were not at home at the time; the mother of the baby was at home when he slipped out; the grandparents have legal custody and make regular visits to see the little boy; 911 was called by the mother after she jumped in and pulled him out of the water; the reason he is in the assisted facility isn’t specified as opposed to home care but might be a requirement of previous agreements between insurers and health care personnel.

Only the officer’s lawyer said anything about the pool not meeting safety requirements.


46 posted on 10/10/2007 11:40:47 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Old Professer
I wish people would read the whole article

I have done so. The facts speak for themselves - the fact that the child went in the water on his own is evidence that the pool was not properly childproofed. And if you put your child into a situation like that, you have a responsibility to make sure they are supervised at all times.

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

47 posted on 10/10/2007 12:26:42 PM PDT by PAR35
[ Post Reply | Private Reply | To 46 | View Replies]

To: Old Professer

Current codes do require that a pool built in Florida have either a automatic cover or that all doors and/or windows opening into the pool area have alarms or that a barrier be built around the pool. In addition any fencing around the property which has a pool must meet minimum height and material standards, as well as having self latching lockable gates.

However there is nothing in the code that requires a pool be retrofitted and alarms get disconnected, barrier taken down and no parent can be everywhere at once. Even with the best precautions accidents happen. That is why reason the sliding glass door to my in law’s pool has a nail lock well above child reach and why the screen patio doors have latches at the top of the door.

Our children also learned that should they step onto the pool patio without one of us they got a very quick spanking. No lecture, no time out, I wanted them to know I was serious. Better a sore butt than a dead child.


48 posted on 10/10/2007 12:27:45 PM PDT by lastchance (Hug your babies.)
[ Post Reply | Private Reply | To 46 | View Replies]

To: PAR35

There is nothing childproof; the case is based on the water present in the house on the floor not on the access to the pool.

Nowhere in the article was it stated that the pool and its surroundings were in violation of the applicable standards.

The father wasn’t present one assumes, his presence now would make a good story to see how the suit might affect all parties.


49 posted on 10/10/2007 12:54:36 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
[ Post Reply | Private Reply | To 47 | View Replies]

To: Abathar
This whole thing smells of ambulance chasing nothing more and the idiot giving her advice needs his/her brains examined; assuming they having any of course.
50 posted on 10/10/2007 1:34:39 PM PDT by Shots
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-71 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson