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Old 10-11-2007, 06:34 PM   #1
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What do you think of this Cop?

Injured officer sues over 911 call

She says family of a boy brain damaged in a pool accident was negligent.
By The Associated Press

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."

Eichhorn's personnel file includes numerous commendations. The 12-year veteran has worked as a hostage negotiator and prostitution decoy.

__________________________________________________ _____________

I think he is within his right, but is still being an ass! This family has been through enough already and being a cop has risks.

And what does this mean for the rest of us?

We call 9/11 and any injury on our property can become a lawsuit?
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Old 10-11-2007, 06:38 PM   #2
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The state, township or police department should pay for the injuries sustained.. not the family. People shouldn't fearful of calling 911. If a cop gets called to a home claiming an intruder is attacking them and the officer is shot, should he be able to sue the homeowner? It's really no different. The police department should be insured for these kinds of things.
 
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Old 10-11-2007, 07:07 PM   #3
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she would lose in New York, not sure about Florida. We have what is called the 'firefighter's rule':

It is established law in this State that a firefighter injured in the line of duty is not entitled to recover for the injuries sustained on the theory of common law negligence. In other words, firefighters are barred from recovering damages for injuries resulting from the special risks inherent in the duties they are called to perform.

it applies to all civil servants
 
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Old 10-11-2007, 07:08 PM   #4
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Originally Posted by JaJae View Post
The police department should be insured for these kinds of things.
she is receiving disability and work man's comp, which comes from the government. she is complaining that it isn't enough
 
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Old 10-11-2007, 08:21 PM   #5
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Originally Posted by kinggovernor View Post
she is receiving disability and work man's comp, which comes from the government. she is complaining that it isn't enough
Oh, screw that.
 
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Old 10-11-2007, 08:34 PM   #6
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This is so retarded.


Everyone make sure you put the fire out before you call 9/11. Wouldn't want any of those firemen to get injured and sue you.

"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," Heil said.
 
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Old 10-11-2007, 08:34 PM   #7
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that cop's beef is with the town/city's insurance, not with the homeowner.
 
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Old 10-11-2007, 09:25 PM   #8
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I'm sad the cop is still alive. There is no honor or integrity in her actions here.
 
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Old 10-11-2007, 09:49 PM   #9
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Originally Posted by Grouch View Post
I'm sad the cop is still alive. There is no honor or integrity in her actions here.
You wish her dead because of this?
 
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Old 10-11-2007, 09:53 PM   #10
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Originally Posted by Scrum View Post
This is so retarded.


Everyone make sure you put the fire out before you call 9/11. Wouldn't want any of those firemen to get injured and sue you.

that is the reason for the fireman's rule. Glad to see some of the crap I learned in school didn't go to complete waste. Emergency Management Law ftw
 
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Old 10-11-2007, 10:42 PM   #11
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She dropped the lawsuit.
 
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Old 10-11-2007, 11:13 PM   #12
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Originally Posted by JaJae View Post
You wish her dead because of this?
Pieces of shit like her are worth more dead than alive. At least then she would have gone out honorably and not been a disgrace to the uniform.
 
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Old 10-12-2007, 09:50 AM   #13
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Originally Posted by 7960 View Post
that cop's beef is with the town/city's insurance, not with the homeowner.
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.
No, she has a beef with the family.
 
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Old 10-12-2007, 10:11 AM   #14
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Originally Posted by Donkey® View Post
She dropped the lawsuit.

pretty shitty to do this to a family because you want to make a statement about your disability or work man's comp plan.
 
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Old 10-12-2007, 10:39 AM   #15
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Originally Posted by Stylerod View Post
No, she has a beef with the family.
no, she has a beef with the city/town insurance. they're paying but (she says) not enough. she has no business suing the family.

like someone said above are we now supposed to put out fires before calling the fire department so they don't sue us if they get burned when the come to put out our house fire?
 
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Old 10-12-2007, 04:00 PM   #16
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Originally Posted by Donkey® View Post
She dropped the lawsuit.

Before or after the story hit the AP?

I wonder about what we don't know?
 
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Old 10-12-2007, 04:06 PM   #17
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Originally Posted by kinggovernor View Post
she would lose in New York, not sure about Florida. We have what is called the 'firefighter's rule':

It is established law in this State that a firefighter injured in the line of duty is not entitled to recover for the injuries sustained on the theory of common law negligence. In other words, firefighters are barred from recovering damages for injuries resulting from the special risks inherent in the duties they are called to perform.

it applies to all civil servants




But they should still get just compensation paid the common taxpayer when they put life and safty on the line. Not from people who rely on that service unless it can be shown that they intentionally put them at risk. Obviously a puddle of water of the floor from a drowing boy is no such act.
 
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Old 10-12-2007, 04:26 PM   #18
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Originally Posted by RMNIXON View Post



But they should still get just compensation paid the common taxpayer when they put life and safty on the line. Not from people who rely on that service unless it can be shown that they intentionally put them at risk. Obviously a puddle of water of the floor from a drowing boy is no such act.
even if they intentionally put them at risk, ie assault them, I believe that a civil servant can't sue the individual. They are paid compensation otherwise
 
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Old 10-15-2007, 09:56 AM   #19
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if i were part of this family you'd have to arrest me for assault on an officer.
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