CASSELBERRY — 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, and even wrestled razors away from a suicidal person.
I know what this is: the officer is in a situation where she has to sue to get the insurance companies involved to pay up. If the system were set up to encourage out-of-court settlement rather than this legal posturing, everyone would be better off.
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