FL Police Officer Sues Victim's Family

[Nova]

...I'd like to know exactly what kind of knee injury this woman endured. I've never heard of a "broken knee". Did she break her knee cap or did she tear something like her ACL?....

You can fracture a knee cap like any other bone, Pal. Mine was fractured in a car accident 20 years ago. (It healed. I'm fine. And I didn't even sue the taxi cab company. My medical expenses were covered by the great insurance employers used to offer. I couldn't see suing just because going around on crutches on icy NYC streets is really annoying.)

 

[Nova]

She's been there what, 12 years and is a street cop? isn't that what the article says? that's a problem?

Also, here's the thing... I would venture that people who have had "broken knees" (she needs to explain that more) or injuries that are severe are out for a LOT more than 2 months - usually three, some for 16 weeks. I'm surprised at the figure of 2 months or 8 weeks for a "broken knee", especially if healing had to be considered then if she had to do PT. She was cleared to go back after two months... it must not have been that bad. You get my drift?

I think she is milking this for all that its worth.

As I'm sure you know, if the knee cap is merely fractured but the integrity of the cap isn't compromised (as in my case), the healing time is much shorter. (I think I was on crutches for about 6 weeks; the walking pain persisted for some time afterwards.) But if the cap is broken through, that's another story entirely.

 

[Jeana (DP)]

Actually, I believe you can. It may not carry the same weight as a current or past injury, but this isn't the first time I've heard of a suit claiming that some action increased the probability of future harm to the plaintiff.

Jeanna's a lawyer. Am I wrong here, J?

(None of this is to say I support this silly law suit.)

Yup. I'd like to read the complaint, but like I said, all we know is what the reporter wrote. Could be more to this.

 

[Details]

In a sense - I see this. Yeah, the family just lost their child, but that shouldn't mean that her injuries and losses are just something she has to accept. If they hit a car on the way to the hospital, I'm sure they'd be responsible for repairing it too, and suing them if they weren't would be reasonable in my mind.


However - she's a police officer, knew the type of scene she was coming to, this is an ordinary part of the job for her - her job should be the one covering her damages from on the job injuries - again, just like if the ambulance driver got in an accident on the way to the hospital - he'd be getting his damages covered by his employer, not by the people he was driving to the hospital.


So - either there's more to this story, and somehow she isn't getting her damages covered by work - or she's a greedy witch trying to get more money.

 

[Jeana (DP)]

Her normal risk of duty would include being shot at.... How often does an officer sue a crack head for that????

I am sorry but I disagree with your arguement here... Her bills would be paid by workmens comp or her insurance..

TO put a differing spin.... You as an officer walk into a murder scene.. You slip on blood.... So you sue the estate???

I would think that one as an officer would assume there may be blood at a murder scene and even more important that you do not step in it..
So why would another crime vary from that??

What about an officer being killed by a drunk driver? What if that officer has four kids? You don't think the family of the officer should be allowed to sue the drunk driver who killed the officer? There are factors that we may not be considering here. If the homeowners in this case have homeowners' insurance, as they should, the officer is not necessarily suing the homeowners, but instead is suing the insurance carrier. The homeowners' insurance carrier would answer the suit and defend it accordingly. That's why people who own homes, and especially those who have swimming pools, MUST carry liability insurance. I'm not saying anything for sure about this case other than we may not have all the facts and shouldn't rush to judge the family or the officer. I would like to know if they had insurance. If they did, it should also have covered the boys' medical bills, unless there was some negligence on the part of the family.

 

[fundiva]

But again you come back to the cause of the water on the floor. The mother brought the child into the house, the police officer did not. All the police officer did was her job and she ends up with a broken knee(not likely in the "normal" course of events of being a police officer)and has a permanent long term injury that will affect her career and earning potential and retirement.

As I understand it the Police Officer has medical bills which she will have to pay herself. She has persistant pain and will develop arthritis. Please tell me why a person has to pay medical bills and live with persistant pain because someone "did not perform" the necessary safety audit of their property.

Perform the necessary "safety audit". You toddler is not breathing and you've called for assistance; you're frantic not knowing whether he is dead or alive and you're supposed to stop and perform a safety audit? No one would think to take time to change their clothes (which are probably wet from jumping in the pool to get the child or from carrying him), or to mop up any water around him IMO. Does this officer never go out when it rains? Does she not know how to conduct herself in circumstances that contain water? What the H*ll is she doing on the job. By the way, if she had a worker's comp claim (at least in my state) the doctor or facility that is treating her takes the agreed payment from worker's comp and does not charge the patient the difference. The doctor has to sign an agreement with the state agreeing to do that before they can see any worker's comp patient. So this poor, pathetic human probably only has expenses unrelated to her claim to pay. She also should not be able to claim for future expenses for possible arthritis unless she can prove that this incident absolutely was the cause. IMO she can't do that because 1) she hasn't got it yet and 2) there are too many causes of arthritis and she would have at least a few of them so this accident would only be slightly contributory.

 

[pedinurse]

As I'm sure you know, if the knee cap is merely fractured but the integrity of the cap isn't compromised (as in my case), the healing time is much shorter. (I think I was on crutches for about 6 weeks; the walking pain persisted for some time afterwards.) But if the cap is broken through, that's another story entirely.

That would make sense Nova... and thanks for bringing that up. She's is making this out to be some HUGE injury that will persist with her for forever... knee injuries, as I am sure anyone here will say, HURT like the dickens! I have heard people say they can tell when the weather changes in them! So, she might have some persistent pain or general "discomfort" that is part of the healing process or that she might just have. It would really depend on the injury and the extent of it... and the treatment she received. For anyone who hasn't studied anatomy or who hasn't had a reason to look at the anatomy of a knee, go look it up... it is HUGELY complex.

Some injuries have tendon / ligament involvement as well, which can lengthen healing time. Of course, that's speculation, but the article said that she slipped, fell, and stood back up on it again. Gosh, that had to hurt. So, that makes me wonder what all happened to her leg. But to be cleared for a police officer job in two months (vs a secretary at a desk job) would make me think that her injury was not a HUGELY extensive knee injury... does that make sense? Because some injuries, like I said, for active people... completely take them off the job for a lot longer. I would think, just guessing... that for a police officer with an active job... that they would want her completely healed and ready to go before throwing her back out there. These guys are like investments. Unless they put her on desk duty (which is possible).

Due to the nature of her job (she was, apparently NOT someone who has a desk job... she was active in the field, and I did not note that she went back to one) she would have needed to be cleared in full before she went back to work. I would have liked to have seen the reporter expand upon this "broken knee" thing... people say "my knee is broken" and it can mean a LOT of different things. I am sure it was fractured, or he would have said otherwise. But, I have had people say "my knee is broken" when it is tendon and ligament injuries because they really don't know any better. Of course, then, I work with kids a lot . So, if it doesn't work, its broken!

But the knee is a complex joint... you could have the cap compromised, the tendons or ligaments, surrounding tissues and bones... and if any of those are injured and the knee is involved, people could many times lump that in with "broken knee". I think that is going to be a major component of determining if this is fivolous!! I think it is... that's my personal opinion. From reading the little articles I did.

From the article I read, she received workmans comp and is now going after the family. If she were able to return to regular duty (running, jumping, doding bullets!) she must... come on, had to have been cleared by workmans comp... usually, that's pretty strict with police officers, right? Why is she avoiding going after them? I was reading after I posted earlier, actually, in one article that she was a GREAT worker... I know I said she must have been otherwise, but one recommendation was that she should be the next leutinent! One of her coworkers (maybe a superior?) advised her not to file the lawsuit, but she did not listen. Apparently her personel file is filled with glowing recommendations. That's sad, in a way, but I think she should have listened. She's letting greed get to her (IMO). This will follow her forever.

Ok. I'm done rambling now. Hope that made sense!

 

[pedinurse]

Perform the necessary "safety audit". You toddler is not breathing and you've called for assistance; you're frantic not knowing whether he is dead or alive and you're supposed to stop and perform a safety audit? No one would think to take time to change their clothes (which are probably wet from jumping in the pool to get the child or from carrying him), or to mop up any water around him IMO. Does this officer never go out when it rains? Does she not know how to conduct herself in circumstances that contain water? What the H*ll is she doing on the job. By the way, if she had a worker's comp claim (at least in my state) the doctor or facility that is treating her takes the agreed payment from worker's comp and does not charge the patient the difference. The doctor has to sign an agreement with the state agreeing to do that before they can see any worker's comp patient. So this poor, pathetic human probably only has expenses unrelated to her claim to pay. She also should not be able to claim for future expenses for possible arthritis unless she can prove that this incident absolutely was the cause. IMO she can't do that because 1) she hasn't got it yet and 2) there are too many causes of arthritis and she would have at least a few of them so this accident would only be slightly contributory.

:clap:

I don't think you can sue for something that hasn't happened yet! And if you could, it would go straight back to workmans comp!!

 

[pedinurse]

Yup. I'd like to read the complaint, but like I said, all we know is what the reporter wrote. Could be more to this.

Yup you can or you can't?

 

[Jeana (DP)]

Yup you can or you can't?

You can sue for anything you want. Whether your suit has any merit is up to the trier of fact.

 

[Cubby]

How do we decide who we hire for our local pd, fire or rescue? Hey lady, if you can't handle a fall and a sprained knee best you find another profession possibly behind a desk. where you, um, can possibly sue if you strain your back or knees while sitting or perhaps your wrist while using a keyboard. or better yet, waste tax payer money and sue mother nature, after all rain, sleet, snow..... wait wait wait, save us tax payers and just go on welfare, I think that's less expensive in the long run as opposed to frivilous expensive lawsuits.

Have a bubble to sell you cheaply.

 

[Amraann]

What about an officer being killed by a drunk driver? What if that officer has four kids? You don't think the family of the officer should be allowed to sue the drunk driver who killed the officer? There are factors that we may not be considering here. If the homeowners in this case have homeowners' insurance, as they should, the officer is not necessarily suing the homeowners, but instead is suing the insurance carrier. The homeowners' insurance carrier would answer the suit and defend it accordingly. That's why people who own homes, and especially those who have swimming pools, MUST carry liability insurance. I'm not saying anything for sure about this case other than we may not have all the facts and shouldn't rush to judge the family or the officer. I would like to know if they had insurance. If they did, it should also have covered the boys' medical bills, unless there was some negligence on the part of the family.

Was the officer going to the scene of a drunk driving accident??
To me that divides the issue.. Had she been going to the scene of a drunk driving issue ... I would think she would access all the possible outcomes or dangers of that. In this case she went to a drowning ... assuming there may be water is not unreasonable..
Suing the homeowners insurance for someone in the line of duty knowing they are walking into a crime scene to me screams .... Show Me the money!!

 

[Jeana (DP)]

Was the officer going to the scene of a drunk driving accident??
To me that divides the issue.. Had she been going to the scene of a drunk driving issue ... I would think she would access all the possible outcomes or dangers of that. In this case she went to a drowning ... assuming there may be water is not unreasonable..
Suing the homeowners insurance for someone in the line of duty knowing they are walking into a crime scene to me screams .... Show Me the money!!

Well like I said before. There may be more to this story than the reporter wanted to print. We'll just have to wait and see. I'm not ready to shoot this cop just as I'm not ready to shoot the parent who let this little kid almost drown.

 

[Amraann]

Well like I said before. There may be more to this story than the reporter wanted to print. We'll just have to wait and see. I'm not ready to shoot this cop just as I'm not ready to shoot the parent who let this little kid almost drown.

If we want to hop over to that topic .... I have a lot to say about "parents" with pools ....

I just cannot imagine anything that would make the parents negligent when an officer is called to a drowning and she slips in water..

 

[Jeana (DP)]

If we want to hop over to that topic .... I have a lot to say about "parents" with pools ....

I just cannot imagine anything that would make the parents negligent when an officer is called to a drowning and she slips in water..

Sure!! Let's talk about parents with pools. You go first.:blowkiss:

 

[Amraann]

Sure!! Let's talk about parents with pools. You go first.:blowkiss:

LOLOL Thanks sweetie for making me smile I needed that... and I will go first...


Parents with pools... need to be damn careful!!! How the hell is there any access to a pool when you have a small child??
We had a pool for a long time when the boys were little... We had not one but two fences ... alarms and dead bolts ..
No one ever came close to drowning...

Oh we had a couple of guard dogs too.
If there had been any chance of danger the pool would have been buried.

 

[Nova]

You can sue for anything you want. Whether your suit has any merit is up to the trier of fact.

I seem to remember law suits where people sued for exposure to HIV. In those cases, the harm (except for emotional distress) was entirely probable rather than current.

 

[MagicRose99]

CASSELBERRY, Fla. -- A police sergeant on Thursday dropped her lawsuit against a family that was filed after she slipped and fell at their home during a 911 call, and she was placed on leave by the Casselberry Police Department.

Sgt. Andrea Eichhorn, a 12-year department veteran, was removed from duty with pay while the department reviews the incident.

http://www.local6.com/news/14319101/detail.html

 

[Jeana (DP)]

LOLOL Thanks sweetie for making me smile I needed that... and I will go first...


Parents with pools... need to be damn careful!!! How the hell is there any access to a pool when you have a small child??
We had a pool for a long time when the boys were little... We had not one but two fences ... alarms and dead bolts ..
No one ever came close to drowning...

Oh we had a couple of guard dogs too.
If there had been any chance of danger the pool would have been buried.

Well I'm in complete agreement with you on that!!! When my kids were little and we had a pool in our old home, the fence was closed and locked until my husband and I were home. The nanny was never allowed to take the kids swimming or swim herself unless we were there. Now that my kids are teenagers, they still have to have an adult outside with them while they're in any part of the water, except the beach part. I worked with an attorney once who had a daughter with a drug problem. He and his wife had custody of the baby, but they let her come and stay with them for a while. Of course, she was there alone with the baby and fell asleep. The baby wandered outside and drowned. This man was hearbroken like I've never seen before. I've been to a lot of funerals, but I have to say that baby's funeral was the worst day of my life.

 

[Jeana (DP)]

I seem to remember law suits where people sued for exposure to HIV. In those cases, the harm (except for emotional distress) was entirely probable rather than current.

Wow, when you open the can of worms you pick a BIG can, don'tcha!! There were so many lawsuits regarding exposure to HIV that its hard to know where to begin. At the beginning of the HIV "scare," all sorts of questions arose about who, how, where and when one could become infected. Everyone was worried about getting it, treating it or being around it. People wanted to sue because they were possibly exposed to the virus and others because they couldn't get treatment because they had the virus. Now, of course, its a criminal issue as well.