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Honored Contributor
Posts: 17,491
Registered: ‎03-10-2010

Re: Royal Caribbean Wrongful Death Suit Filing

According to PR, there are a lot of videos from different angles not only from the cruise line but from passengers.

 

Throwing out that he is color blind and painting him as "elderly" is their only shot with a jury.

 

The videos are going to turn the case.

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# IAMTEAMWEN
Honored Contributor
Posts: 10,892
Registered: ‎03-10-2010

Re: Royal Caribbean Wrongful Death Suit Filing

I'm becoming suspicious of the accident claim as well. Could it have been a ploy to gain a windfall at the expense of this cruse line? Children have been killed with less motivation. This family's financial situation may be relevant.

Esteemed Contributor
Posts: 7,097
Registered: ‎09-05-2014

Re: Royal Caribbean Wrongful Death Suit Filing

I don't find the parents very sympathetic at all....after that Press Conference I am not endeared to them.
Trusted Contributor
Posts: 1,452
Registered: ‎03-09-2010

Re: Royal Caribbean Wrongful Death Suit Filing

(From NBC news website)

Jan. 17, 2020, 12:38 PM EST / Updated Jan. 17, 2020, 2:12 PM EST
By David K. Li
 

The grandfather of a toddler who fell to her death on a cruise ship "unquestionably" knew the window was open before he held the 18-month-old up to it and lost his grip, the cruise line claims in a court filing.

 

Royal Caribbean in its court filing on Jan. 8 said that while the "death of Chloe Wiegand is a sad tragedy," the grandfather is entirely to blame.

"His actions, which no reasonable person could have foreseen, were reckless and irresponsible and the sole reason why Chloe is no longer with her parents," the court motion said.

 

 

⚓️
Trusted Contributor
Posts: 1,309
Registered: ‎12-01-2012

Re: Royal Caribbean Wrongful Death Suit Filing

Attorneys for the Wiegand family have filed a response to Royal Caribbean's motion for dismissal and a demand for all videos in RC's posession.

 

Key components of this motion include allegations that the 2 videos filed with the Royal Caribbean motion for dismissal show the incident from deceptive angles and  that it was physically impossible for the grandfather to put his upper body through and out the window as RC claims. 

 

Inspection by the Wiegands' counsel show that there were 13 cameras total in the area where the incident occurred.  They are demanding the release of additional video, while asking that the 2 videos that were released be stricken from record.  

 

"The Wiegands are in the process of responding to Royal Caribbean’s Motion to Dismiss. In short, Royal Caribbean’s Motion to Dismiss is baseless and deceptive. It is clear that Royal Caribbean’s tactic is to blame Chloe’s grandfather rather than to accept that Royal Caribbean did not implement industry standards for toddler safety aboard its ships which ultimately led to Chloe’s tragic death.

 

Royal Caribbean has premised its defense in this case and its blame on Chloe’s grandfather by supplying two deceptive views from its CCTV cameras to the court and the Puerto Rico authorities.

 

However, the Plaintiffs were first permitted a vessel inspection of the scene of the incident on January 10 – less than a week after Royal Caribbean first informed the Wiegands that they are making modifications to the ship that will destroy the subject area where the incident occurred.

 

That inspection has revealed that Royal Caribbean’s Motion to Dismiss neglects to tell the Court and, presumably, the authorities that there were no less than THIRTEEN CCTV video cameras in the area of the incident. The Wiegands will ask the Court to compel Royal Caribbean to produce all the video from those nearby cameras."

 

https://www.wndu.com/content/news/Royal-Caribbean-Grandfather-knew-window-was-open-before-toddler-fe...

 

 

 

 

 

 

Respected Contributor
Posts: 2,632
Registered: ‎04-03-2010

Re: Royal Caribbean Wrongful Death Suit Filing

The attorneys are like dogs on a bone.  Are they forgetting that the grandfather LIFTED her up to the window?  Stood her ON TOP of the hand rail?  But if not for these actions this accident would NOT have happened?

 

I know its the attorneys job to prove negligence on behalf of the cruise line.  They can't just give up now.  If there really are 13 cameras, with 13 videos, they will probably want videos showing him from behind so that you can't see him bending forward.  And if the open window is really quite a distance from the hand rail, how the heck did she get out there far enough to fall from the ship under his watchful eye?

 

I think they better hope this doesn't get to a jury. 

Flowers are nature's way of laughing
Honored Contributor
Posts: 17,511
Registered: ‎06-17-2015

Re: Royal Caribbean Wrongful Death Suit Filing

[ Edited ]

They are grasping at anything to deny Anello's responsibility.

 

The video could only be deceptive if it has been altered, which would be a foolish move on the part of RC.  All the cameras and all the phone videos would have to be altered, too.

 

Those windows are also not that far from the railing, either.  They are trying to make out as though the window is set too far away for him to have known the window was open.

 

I still feel sorry for the whole family; Anello was careless beyond reason but he certainly doesn't belong for years in jail, either.  Since the PR authorities have already offered him a fair deal, it would have been better to accept.

 

This family is now stuck; if he takes the deal, they admit responsibility and lose out on a financial settlement.  If they don't take the deal, I really believe they are going to not only walk away with no financial settlement but also incur a serious gamble on Anello's trial.

 

 

"" Compassion is a verb."-Thich Nhat Hanh