Cop Sues Family of Brain-Damaged Tot

[apskad]

http://www.crimelibrary.com/news/ap/1007/1102_cop_sues_family.html

Ugly story. I see that the officer exhausted workers' compensation insurance. I don't live in Florida, but in my state, workers covered by the state are prevented from suing for on-the-job injuries under most circumstances. An unusual circumstance would be negligence or misconduct on the part of the employer. Sounds like the plaintiff's attorney is trying to present a case of negligence, but I don't see how a jury could ever find a person negligent who is trying to rescue a gravely injured child, for failing to wipe up water on the floor.

We don't know what kind of non-litigious resolution or settlement was sought prior to filing suit. This "bodily injury" would obviously be covered by homeowners insurance, so maybe the insurance company balked, thinking that the officer didn't have a very good case. (Indeed she doesn't). Although I'm a huge supporter of our civilian police, I think this type of case goes against good public policy and that the lawsuit should be dismissed. Remedies need to be provided for by the policeman's union and the taxpayers. Policework is inherently dangerous.

[SallyG]

I can see the officer wanting her medical bills paid, but suing the parents???

And she's complaining because she'll have arthritis in the future???

How can she even look at herself in the mirror now? This has to be the epitome of GREED!!!

[cildawg1]

It's really sad. You would think that the Police Department would have an "On the Job Injury" fund so that officers who are hurt in the line of duty won't miss any pay. I can't see any jury being sympathetic to this officer. On the other hand, I can understand why the police officer would not want to dish out a lot of money for her medical bills.

I think the villian here is the police department. Their benefits suck big time.

[One2Snoop]

I agree with both of you. After I read this news article last night my chin dropped to the floor in utter disbelief. http://www.websitegoodies.com/smilies/gfx/confused0052.gif Unreal! :eek:

[CuteMoet]

Ugh, I don't know... you have to be some kind of cold-blooded to sue parents after they pretty much lost their child. I can't believe this woman. I'll tell you one thing though: I'm not going to call police to help if they're just going to sue me! Way to make the public afraid of asking for help, lady!

[One2Snoop]

Ugh, I don't know... you have to be some kind of cold-blooded to sue parents after they pretty much lost their child. I can't believe this woman. I'll tell you one thing though: I'm not going to call police to help if they're just going to sue me! Way to make the public afraid of asking for help, lady!

Exactly CuteMoet - I'd be afraid to call them too! I think someone should start a petition urging her to withdraw this lawsuit. I'm not sure if any of you saw the story on Extreme Home Makeover or not about the Police Officer in Southern California who was shot while trying to apprehend a fugitive, but she ended up being paralyzed from the waist down. How horrific that she's now living her life this way. She's had the complete support of her Police Department. She's paralyzed for cripes sake and I don't see her suing the homeowner whose porch she was shot on. Millions of people live with arthritis, many worse than just a "knee" problem. Get over it! and here I thought LE officers were supposed to be tuff, guess not. Sounds to me like she's looking for an easy way out to retirement, IMO.

Casselberry,FL - Sgt. Andrea Eichhorn you are a cold, heartless person to inflict more pain and suffering upon this family. :no: You should be ashamed of yourself. Have you no morals? I think not! Just think about all the innocent people who will be affected by your actions with this lawsuit simply because they'll be afraid to call paramedics, law enforcement etc for help for fear they'll be SUED! SHAME ON YOU! :no: :flamemad:

Where's the support from your Casselberry LE Department? Your Union? Do you have any? How sad they don't support you. WHY NOT?? All, JMO!

Welcome to CL CuteMoet! :seeya:

[Inletwatcher]

America ! The land of lawsuits, where one does not have to work to earn one's keep, just find someone to sue ! Uggggg.

[WarmNCozy]

Her medical bills were paid by the City as well as disability checks while she was on leave. And then there is always Workers' Comp. This is definitely a "frivolous suit". Of course there was water on the floor where she slipped, they dragged the baby out of the pool to try to revive him.

Here's a link to the story: http://www.sun-sentinel.com/news/local/florida/orl-mdrown1007oct10,0,6825213.story?track=rss

[Wichita]

This is why it is soooo important to psychologically evaluate a potential cop before hiring. Dr. Hare's psychopathy checklist would work wonders in keeping the likes of her out of LE. I suppose everyone is accustomed to slime ball attorneys who file these suits just to get a piece of the pie, but to me, an attorney who would represent an client in this sort of tort is just as bad as she is. These are the types of cases that tort reform is all about folks. Yet, our elected representatives who are mostly lawyers, don't want to change things. They might lose some money.....

[Jo_Momma_82]

WOW.... this woman is trashy and heartless ! I hope the family is a strong one that won't let this woman bring them down. They have so much to worry about and now THIS ! I think she must be one of a kind and I'm not going to let her ruin my faith in LE.

I'm thinking this woman is going to lose alot of friends over this (or has already) and perhaps get her trashy self run out of town !

[Jo_Momma_82]

The Casselberry police officer who was suing the family of a young boy who nearly drowned in a backyard pool has now dropped the legal action.
The case gained nationwide attention after Sgt. Andrea Eichhorn sued because she slipped on a puddle of water at the house while responding.
She claimed the family was negligent.
However, the lawsuit was dropped on Thursday.
Some legal experts said it never would have stood up in court.
"The answer is really simple,” said attorney Dan Newlin. “The family is dealing with a horrific situation where a child who has brain injury as a result of an accident. To bring more stress on family is something we don't do. We help families."
Eichhorn was also placed on leave by the Casselberry Police Department.

The city's chief was against the lawsuit all along.

http://www.cfnews13.com/News/Local/2007/10/11/police_chief_doesn39t_support_officer.html

[WarmNCozy]

Her credibility is Zip! She is toast! YEAH! Justice has been done!

[Wichita]

Sounds like an attorney with a conscience, and some ethics. I am pleasantly surprised as much by his comments as I was incensed at the cop who filed the suit.

[Biscuit]

Sounds like an attorney with a conscience, and some ethics. I am pleasantly surprised as much by his comments as I was incensed at the cop who filed the suit.


Well, it sounds a lot more like the attorney who filed the suit on behalf of the "police officer" suddenly discovered both a conscience AND some ethics (both of which trial -- or tort -- lawyers seem to have a significant lack of.

Biscuit

[LatrobeGirl]

I'm glad someone finally came to their senses. There's absolutely no way she could have won such a cruel lawsuit....

Now everyone knows what a heartless be-otch she is....

And I agree with whoever said above that this makes people think twice about calling law enforcement....

[RaVeN71806]

This women should be ashamed of herself...so sad I happy to hear that the idiot realized shes an ass and dropped the suite...

[LatrobeGirl]

FROM FOXNEWS.COM:

Cop Fired After Suing Family of Infant Drowning Victim
Wednesday, December 05, 2007

CASSELBERRY, Fla. — Casselberry authorities say a police sergeant has been fired for suing a family after she slipped and fell while trying to rescue a 1-year-old boy from drowning.

Casselberry Police Chief John Pavlis fired Sergeant Andrea Eichhorn on Tuesday.

Eichhorn has dropped her negligence lawsuit. It claimed there was water on the floor at Joey Cosmillo's home when police arrived. Eichhorn claimed she broke her knee and missed two months of work after she slid on the wet floor.

The boy suffered brain damage and can no longer walk, talk or swallow. He lives in a nursing home and eats and breathes through tubes.

Eichhorn can appeal her firing. Pavlis said the lawsuit brought public ridicule to the agency and damaged its reputation.

Hooray! :beer:
That's what she deserved!

[RaVeN71806]

Ha! good for her the ass she is..