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Judiciary A forum to discuss court decisions and the judicial system in general

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  #1 (permalink)  
Old 10-11-2007
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Call 911 for help - and get sued

Quote:
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.

Cop who fell on the job sues family of baby who almost drowned -- OrlandoSentinel.com
This is un-fucking-believable.

This officer is an embarrassment to emergency responders everywhere. And her attorney is worse.

Quote:
Later that day, she went to an emergency care center and eventually to an orthopedist, according to her attorney, David Heil.

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. The suit seeks an unspecified amount of money.

Eichhorn, he said, is a victim. Her knee aches, and she will likely develop arthritis.

If the Cosmillos had made their pool baby-proof, police would not have been called to the scene, there would have been no water on the floor, and Eichhorn would not have hurt herself, he said.

"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," he said.
Let's see if I understand his argument - Sgt. Eichorn had no way of expecting that the floor could be wet when responding to a drowning?

Seriously, WTF? I guess the family should have stopped CPR to clean up before calling 911 to make sure someone idiot who wouldn't expect to find water on the floor at a drowning call didn't slip?

This is happening in my county. Please, Dear Lord, let me get picked for the jury......

Can the Court order a flogging for the Plaintiff and her lowlife ambulance chasing lawyer as part of an order dismissing the suit?

Matt
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  #2 (permalink)  
Old 10-11-2007
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Re: Call 911 for help - and get sued

Quote:
Originally Posted by MattLarson View Post
Seriously, WTF? I guess the family should have stopped CPR to clean up before calling 911 to make sure someone idiot who wouldn't expect to find water on the floor at a drowning call didn't slip?
Matt
Well according to to the lawyer, the family failed the moment the accident happened. As if the family hasn't lost enough or isn't hit hard enough. Secondly, she's an emergency responder, her job carries a certain amount of risk. What is she doing in such a profession if she isn't going to accept that amount of risk and the consequences that follow? A victim, bah, what a farce.
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Old 10-11-2007
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timj219 timj219 is offline
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Re: Call 911 for help - and get sued

Quote:
Originally Posted by MattLarson View Post
Can the Court order a flogging for the Plaintiff and her lowlife ambulance chasing lawyer as part of an order dismissing the suit?

Matt
No flogging but there are penalties in federal court for instituting a frivolous proceeding. Some states too.
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Old 10-11-2007
Tethys Tethys is offline
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Re: Call 911 for help - and get sued

Goodness...isn't there a clause in the employment contract of emergency workers that bar them from making claims of this nature against the people they rescue?

Perhaps emergency services never anticipated one of their officers would behave like this. I just assumed there was a code of duty that would cover the risks associated with the service.

Tethys
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Old 10-11-2007
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Re: Call 911 for help - and get sued

I know someone who is an officer with that department - they are very embarrassed by this lawsuit.

Matt
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Old 10-11-2007
Tethys Tethys is offline
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Re: Call 911 for help - and get sued

Quote:
Originally Posted by MattLarson View Post
I know someone who is an officer with that department - they are very embarrassed by this lawsuit.

Matt
Well, if it helps, please tell them they should not be.

The only one who ought to be very embarrassed is Sgt. Andrea Eichhorn.

I think most people would be like me, and would feel sympathy for her fellow officers...you can tell them that the shame is on her only.

Tethys
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Old 10-11-2007
Tethys Tethys is offline
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Re: Call 911 for help - and get sued

And with that...good night one and all from Sydney.

Tethys
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We shall never be able to remove suspicion and fear as potential causes of war until communication is permitted to flow, free and open, across international
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-- Harry S. Truman
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Old 10-11-2007
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Re: Call 911 for help - and get sued

I hope this woman is ostracized by her peers and family. She suffered an on-the-job injury and was compensated by her employer so to sue these grieving people makes me wonder if she's even psychologically fit to be on the force or even in the human race!
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Old 10-11-2007
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drgoodtrips drgoodtrips is offline
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Re: Call 911 for help - and get sued

This is the most morally justifiable lawsuit since the time I sued my mother for passing me the genes that caused my wisdom teeth to be impacted.
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Old 10-11-2007
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Re: Call 911 for help - and get sued

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Originally Posted by drgoodtrips View Post
This is the most morally justifiable lawsuit since the time I sued my mother for passing me the genes that caused my wisdom teeth to be impacted.
Nice!

I need to do that! Especially since I'm headed to the dentist for a broken tooth in a little while. I know she's been holding out on me!


Damn, I wonder how much money I could get from the fat patients who caused me to hurt my back by lifting them. Or maybe the various car wreck patients where I cut myself on broken glass (as long as I can squeeze out some blood, it counts as a cut, right?). Hell, I was responding to a call when I stepped on a curb and severely sprained my ankle (1 surgery so far, I'm sure there will be more). I want compensation!
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  #11 (permalink)  
Old 10-11-2007
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drgoodtrips drgoodtrips is offline
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Re: Call 911 for help - and get sued

Dude, you've stumbled onto a goldmine!
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  #12 (permalink)  
Old 10-11-2007
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Re: Call 911 for help - and get sued

I just don't understand why severely injured people want to hurt us so bad! Misery loves company, I guess...
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  #13 (permalink)  
Old 10-11-2007
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Re: Call 911 for help - and get sued

Quote:
Originally Posted by pramjockey View Post
Nice!

I need to do that! Especially since I'm headed to the dentist for a broken tooth in a little while. I know she's been holding out on me!


Damn, I wonder how much money I could get from the fat patients who caused me to hurt my back by lifting them. Or maybe the various car wreck patients where I cut myself on broken glass (as long as I can squeeze out some blood, it counts as a cut, right?). Hell, I was responding to a call when I stepped on a curb and severely sprained my ankle (1 surgery so far, I'm sure there will be more). I want compensation!
You and me both, my brother medic.

Lacerations, sprains, strains, an intern shocked me once.

Where's my check at?

Matt
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Old 10-11-2007
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Re: Call 911 for help - and get sued

Quote:
Originally Posted by MattLarson View Post
You and me both, my brother medic.

Lacerations, sprains, strains, an intern shocked me once.

Where's my check at?

Matt
Well, I've never been shocked. I guess you get more.

How about dirty needlesticks? Those have got to be worth their weight in diamonds!!!

And, there were the stitches in my chin, that one time.
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  #15 (permalink)  
Old 10-11-2007
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ThorHammer ThorHammer is offline
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Re: Call 911 for help - and get sued

this is why wom....ahh nevermind.











I kid, I kid.
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We are at war with forces too terrible to comprehend. We cannot afford mercy for any of its victims too weak to take the correct course. Mercy destroys us; it weakens us and saps our resolve. Put aside all such thoughts. They are not worthy of those in the service of country.
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