Police officer sues family of child that almost died from drowning

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According to the police report (pdf. file) the child was alone at the home with his mother, Angela, at the time of the incident. She found the him floating in the pool and pulled him out and and called 911.

In Casselberry, Fl. police officers and EMS responded to the call, while on duty at that call officer Sgt. Andrea Eichhorn, the Detective Unit Supervisor slipped and fractured her knee on the wet floor.

The officer was treated for her injury and was out of work for about two months as a result, during the third month she was released back to work on light duty status.

During her time off she received full medical benefits, worker’s compensation care, her salary and accumulated sick and vacation time during her absence. She has been released for full duty though her injury still causes her some complaint.

Officer Eichhorn talked to her supervisors about filing legal action against the family. Her supervisors and the police legal department recommended against this course of action since she was fully covered for her injuries just as any other officer is while in the line of duty and it was an accident.

In a (doc. file) release to the media by the Casselberry Police Dept. this is a statement given by Chief John J. Pavlis.

“As Chief of Police I do not support the lawsuit filed by Sgt. Eichhorn and her attorney. The City of Casselberry through its workers comp carrier has covered the expenses associated with Sgt. Eichhorn’s on-the-job injury and is not a party to this action. What happened to the Sergeant was an accident. She has been compensated for all time off the job due to this injury.

My heart goes out to the Cosmillo family and in particular, little Joseph, and they are in my prayers.”

John J. Pavlis

So as she has hired a lawyer and is suing the family as a private individual. The basis for her suit is that the family did not clean up the water from the pool and therefore responsible for her fall.

The 1 year-old child, Joseph, suffered brain damage and is on a breathing tube and feeding tubes, and requires full 24 hour care in a nursing home at this time.

See grandparents on video at this link.

The mother, Angela, seems to have signed him over to her parents. The police report says she did not provide enough supervision to the child or he would not have been able to get out of the house and fall into the pool.

Update: Oct. 1, 2007 The officer has been removed from duty pending an investigation, and at this time she has dropped her lawsuit. It is believed she dropped the lawsuit due to the negative response that it received from the public and her peers.
Information from Fox 51 news Orlando.