Cop slips, sues family of brain-damaged boy who nearly drowned

One of the more disturbing things I've seen in a while.


http://www.orlandosentinel.com/news/local/seminole/orl-mdrown1007oct10,0,7318452.story

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."

She 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. ....

 

Oh. My. God.

 

The mind boggles.

 

Wow, the cop's lawyer is a scumbag.

 

Just sad. I think people truly look at an accident and a lawsuit as a lottery, a once-in-a-lifetime opportunity to strike it rich.

Legally speaking, wouldn't this put everyone who called the fire department/police/EMS at risk? If a fireman comes to put out my house that's on fire, and gets injured during the fire, can he now sue me?

 

Yeah. These people are hazardous. They may be the only people in Central Florida with a backyard swimming pool. What were they thinking?

 

The gal did break her knee. She was out of work. She's not trying to hurt the family. She's trying to collect off the insurance company. It's the American way.

 

Uh oh...

 

Who didn't see that coming?

 

Something can be both legally permissable and morally reprehensible.

 

That is jaw-droppingly amazing.

 

If she was on the job, workmen's comp should cover it.