CASSELBERRY, Fla. -- A Casselberry police officer is suing the family of a small child who nearly drowned in the family's pool. When the officer arrived at the scene to help 1-year old Joey Cosmillo, she was injured when she slipped in a puddle of water.

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VOTE: Do You Think Officer's Lawsuit Is Justified?

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Sgt. Andrea Eichhorn's lawyer says she broke her knee and that the mother and grandparents of little Joey Cosmillo are responsible for that.

Little Joey Cosmillo is his grandparent's pride and joy, but what happened to the 22-month-old boy has also caused so much heartache.

"To come home every day and look at this. The backyard is dead to us," Maggie Cosmillo said.

Maggie and Richard Cosmillo don't go back there anymore, where Joey almost died. On January 9, at 1-year-old, he fell into the family's swimming pool and nearly drowned. He suffered severe brain damage. His grandparents say he cannot walk, talk, or eat. His doctor's aren't sure he can even see.

"That vision of my baby is just imbedded in my brain and this lawsuit just makes everything so, I don't even know the word, almost dirty," Richard said.

The lawsuit was filed by Casselberry Police Sergeant Andrea Eichhorn. On the day of the accident, she answered the emergency call. As paramedics tried to revive the boy, Officer Eichhorn entered the house and slipped on a puddle of water, breaking her knee. She blames the Cosmillos.

"They're the ones that were neglectful people. They're the ones that set up the situation. They're the ones that are responsible for that child being in the pool in the first place and my client's injuries," said attorney David Heil.

Heil says Sgt. Eichhorn's injured knee will cause her pain the rest of her life. He says the little boy's mother, Angela, who was supposed to be watching Joey when it happened, and his grandparents, were careless. He insists the officer is not trying to take advantage of a tragedy.

"She's being painted as the bad person. She's not. The Cosmillos are the bad people here," Heil said.

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.

Little Joey lives in a nursing home. His grandparents see him every single day. They say if they lose everything in a lawsuit so be it.

"Take whatever. We already lost the most important thing," Maggie said.

Sgt. Eichhorn could not be reached for comment. Heil said city benefits paid by workers' compensation and some disability checks helped with medical bills, but it wasn't enough. He would not say how much they're suing for.