IN - Grandfather charged in cruise ship death of toddler Chloe Wiegand #3

[BetteDavisEyes]

Mainstream media are reporting on the lawsuit now. I have read the comments made by readers on various sites and while some people feel sorry for the family, nobody thinks this is the cruise line's fault. Everybody puts the blame squarely where it belongs - on SA.
I thought that SA might enter into a plea deal but now I think it's very unlikely. It would not only undermine the civil case against RCCL but also be an admission of guilt towards the parents, who still support him and believe he's being unjustly persecuted.

I actually feel that this is, in part, why the parents are siding with Grandpa instead of blaming him. I suspect they have some serious underlying guilt for having allowed SA to care for Chloe when they knew that he might not have been capable. Why else would they not want Grandpa to be held accountable for the untimely and tragic death of their child? Grandpa seems to have needed supervision himself, so what were these parents thinking when they assigned SA the duty of watching over little Chloe?

 

[SpanishInquisition]

Link to the actual complaint:

https://www.lipcon.com/work-in-progress/complaint-wiegand-vs-royal-caribbean-cruises-ltd/

It's very interesting reading...the first thing that leapt out at me was that Chloe fell within about 10 minutes of being with SA! Also the SA interview could negatively impact the civil case as well since it seems to be saying a different story than what SA said. Specifically:
Upon reaching this wall of glass, Chloe asked to be lifted up so that she could bang on the glass of the window
That's not what SA said in the interview. In the interview he just assumed she wanted up because SA himself claimed he couldn't touch the bottom-level glass.
she slipped from Mr. Anello’s arms
No, arm singular. He was holding her on a railing with merely one arm and a closed fist per the interview.
Failure to adequately inspect and/or maintain the subject windows in the H2O Zone
The subject windows aren't in the H20 Zone! The complaint goes on and on about the H20 Zone, which seems to make the complaint defective.
The beneficiaries/survivors of the Decedent incurred funeral expenses
Now they're double-dipping (if not triple-dipping)!

 

[SpanishInquisition]

They apparently watch too much tv. The filing of charges has absolutely nothing to do with if they want to “press charges” or not.

The mom is actually a prosecutor, which has caused me to look curiously on some of their actions. She of all people would know it's up to the DA whether or not to seek criminal prosecution.

 

[Seattle1]

Victim standing on the ground touching the arena glass

Freedom of the Sea's 11th floor

If this child stayed standing on the floor t0 bang on the ship glass (as she does at the arena) she would still be alive.

No matter how the story is spun, SA was reckless when he raised the child and breached the railing that was there to protect both him and the child.

Prosecutor's criminal negligence charge against SA is solid.

MOO

 

[al66pine]

Complaint's Description of G'pa's Actions at Rail & Window

Link to the actual complaint:
h

ttps://www.lipcon.com/work-in-progress/complaint-wiegand-vs-royal-caribbean-cruises-ltd/

@Chikkamma Thank you so much for link to the complaint. Just starting to read and paragraph 20 is a exquisite work of personal injury legal art:

" 20. Upon reaching this wall of glass, Chloe asked to be lifted up so that she could bang on the glass of the window, as Chloe frequently did at her older brother’s hockey games. Mr. Anello then lifted Chloe up onto the railing and held Chloe while she leaned forward to bang on the glass that Mr. Anello and Chloe thought to be in front of them. As Chloe leaned forward, however, there was no glass in the frame in front of her, and she slipped from Mr. Anello’s arms, falling through the open pane and down approximately 150 feet below onto the Pier in San Juan, resulting in her death." bbm

Soooooo - (in red ^)
Chloe was on railing, she leaned forward, she slipped away, she fell to her death. Her fault?/sarc.
Sooooo - (in green ^)
G'pa lifted. < This part went well. G'pa held. < That part (after 25 seconds?), not so much.

Winkleman danced around to avoid describing g'pa's other actions. Seems w vid of G'pa, i.e., the vid already played for multiple reporters, that the complaint would go into some detail about g'pa's actions.
Frame by frame or second by second? Nope, G'pa just lifted and held, until he didn't.

From a legal viewpoint, better to keep it simple? Not state how attentive G'pa was? Because that only lasted about 20-30 sec's. But embroider w some filler - about hockey glass banging - to camouflage how reckless/flawed/negligent G'pa's actions were.
jmo.
ETA: And "Chloe thought" the glass to be in front of them?

 

[MassGuy]

Complaint's Description of G'pa's Actions at Rail & Window
@Chikkamma Thank you so much for link to the complaint. Just starting to read and paragraph 20 is a exquisite work of personal injury legal art:

" 20. Upon reaching this wall of glass, Chloe asked to be lifted up so that she could bang on the glass of the window, as Chloe frequently did at her older brother’s hockey games. Mr. Anello then lifted Chloe up onto the railing and held Chloe while she leaned forward to bang on the glass that Mr. Anello and Chloe thought to be in front of them. As Chloe leaned forward, however, there was no glass in the frame in front of her, and she slipped from Mr. Anello’s arms, falling through the open pane and down approximately 150 feet below onto the Pier in San Juan, resulting in her death." bbm

Soooooo - (in red ^)
Chloe was on railing, she leaned forward, she slipped away, she fell to her death. Her fault?/sarc.
Sooooo - (in green ^)
G'pa lifted. < This part went well. G'pa held. < That part (after 25 seconds?), not so much.

Winkleman danced around to avoid describing g'pa's other actions. Seems w vid of G'pa, i.e., the vid already played for multiple reporters, that the complaint would go into some detail about g'pa's actions.
Frame by frame or second by second? Nope, G'pa just lifted and held, until he didn't.

From a legal viewpoint, better to keep it simple? Not state how attentive G'pa was? Because that only lasted about 20-30 sec's. But embroider w some filler - about hockey glass banging - to camouflage how flawed G'pa's actions were.
jmo.
ETA: And "Chloe thought" the glass to be in front of them?

And that’s another thing. The plexiglass at hockey rinks is meant to be banged on. Players crash into it, and fans show their support by banging on it.

“Glass,” in any other context, is not meant to be banged on, whether a child wants to or not.

“I’ll just pick my granddaughter up and prop her near a window so she can bang on it, annoying other passengers and smearing the glass with fingerprints,” just doesn’t hold water.

This is a cruise ship, not a hockey rink. These must be the same type of people who trash hotel rooms, and say “the maid will take care of it.”

It’s a transparent attempt to explain away the inexplicable.

 

[SaguaroSpirit]

It's very interesting reading...the first thing that leapt out at me was that Chloe fell within about 10 minutes of being with SA! Also the SA interview could negatively impact the civil case as well since it seems to be saying a different story than what SA said. Specifically:
Upon reaching this wall of glass, Chloe asked to be lifted up so that she could bang on the glass of the window
That's not what SA said in the interview. In the interview he just assumed she wanted up because SA himself claimed he couldn't touch the bottom-level glass.
she slipped from Mr. Anello’s arms
No, arm singular. He was holding her on a railing with merely one arm and a closed fist per the interview.
Failure to adequately inspect and/or maintain the subject windows in the H2O Zone
The subject windows aren't in the H20 Zone! The complaint goes on and on about the H20 Zone, which seems to make the complaint defective.
The beneficiaries/survivors of the Decedent incurred funeral expenses
Now they're double-dipping (if not triple-dipping)!

With all of the above inconsistencies, the family can't win. Or, shouldn't. What an outrageous thing to try and put over on the courts and public. I hope they have to pay all the court costs when they lose.

 

[MsMarple]

Link to the actual complaint:

https://www.lipcon.com/work-in-progress/complaint-wiegand-vs-royal-caribbean-cruises-ltd/

The complaint keeps referring to the windows as "the wall of glass." The wall of glass with its "hidden danger." Did SA's color blindness also cause him to not see the handles on the "wall of glass" indicating that some of the "panes of glass" were windows? No matter how many times the complaint uses it, calling it a wall of glass doesn't change anything.

And saying the railing actually helped cause SA from knowing he was sitting Chloe in front of an open window? Um, okay.

Anyway, after watching the mom read her statement I'm pretty sure it was written by or at least with Winkleman as many of her phrases were repeats of his prior statements. It struck me as insincere. I'm sure she feels grief but what is her intention, expressing her grief or promoting her law suit?
Cruise ship toddler death: Chloe Wiegand family to sue Royal Caribbean

 

[SaguaroSpirit]

Victim standing on the ground touching the arena glass

Freedom of the Sea's 11th floor

If this child stayed standing on the floor t0 bang on the ship glass (as she does at the arena) she would still be alive.

No matter how the story is spun, SA was reckless when he raised the child and breached the railing that was there to protect both him and the child.

Prosecutor's criminal negligence charge against SA is solid.

MOO

Grandfather charged in girl's cruise ship death says colorblindness may have been a factor In this inter view, SA states "So she's down at the — looking at the — out the window, and the glass. I bent down by her, and then we always, like, when you're — whenever we were at hockey games, we would bang on the glass, and it was fun, you know? So when I knelt down to be with her at that level, I couldn't reach the glass, really, with my fingertips, so I knew she couldn't. So that's when I decided I'd pick her up," he said. "So I, you know, was trying to stand her on the railing. And it happened in seconds."
How could Chloe not reach the glass down there?? SA is so full of crap. I hope he does the max amount of time in jail. He is just lucky that they're not charging him with murder. IMO

 

[SouthAussie]

WATCH: Family of Granger child who fell to her death holds news conference

This morning we heard from the family of a Granger toddler who fell to her death from a cruise ship.

Chloe Wiegand's family announced a lawsuit against Royal Caribbean.

https://www.facebook.com/video.php?v=2630265240428708

"There was literally nothing alerting Sam that the window was open"

Not the breeze, the fresh smell of the salty air, the seagulls squawking, the forklifts and other sounds from the dockside, the clear non-tinted view through the open window. Seems that none of SA's senses were working that day - including common sense.

 

[Jewels53]

I don't understand the funeral cost the mother said in the press conference that every time she looks at Chloe's Urn she get emotional. Maybe I am wrong and urns are expensive then you don't have the cost of a burial plot, casket, or a vault to put the casket in. Just how much does it cost to bury a child in an Urn cost. Sorry don't really mean to be insensitive. I just think people don't have to have elaborate funerals.

moo

 

[ilovewings]

my heart breaks for the death of Chloe--i have to say this family will garner no sympathy from me, and many others: -their lawsuit reflects a hideous deflection of blame onto the cruise ship, from where it belongs, at the doorstep of grandpa. I hope they do not prevail in this suit, and I hope the cruise ship does not settle with them, though i know that could happen for various reasons. This family is in such denial--- it is so clear that grandpa bears the horrible burden of what happened to Chloe, and apparently the burden is simply too great so they have to shift the blame to the ship.

 

[sl222]

When the window is open, it still is not all the way open. There are about 2 inches including a visible handle that slides the window open and closed.

 

[Trvl4Lyfe]

I don't think the grandfather should be charged with anything in Chloe death. But I do wish they would stop blaming Royal Caribbean. This while unintentional was clearly the grandfather fault. They need to just go and heal on their own without looking to place the blame on anyone else.

 

[BetteDavisEyes]

Parents Whose Daughter Died on Cruise Ship Sue Royal Caribbean, Say They Feel 'Helpless, Hopeless'

 

[SouthAussie]

I don't think the grandfather should be charged with anything in Chloe death. But I do wish they would stop blaming Royal Caribbean. This while unintentional was clearly the grandfather fault. They need to just go and heal on their own without looking to place the blame on anyone else.

I read an article last night about a girl who balanced on the outer edge of a Royal Caribbean balcony while taking a selfie (in Oct 2019). She has been banned for life from going on a Royal Caribbean cruise ship.
The guest conduct policy was stated in the article, and the last sentence said 'law enforcement may get involved for those who breach this policy' (or words to that effect).

I would think that Royal Caribbean immediately had to report a death on their ship. And consequently the police investigated, the negligence was duly noted, and the charge was laid against SA.

 

[Stinalyn]

I keep thinking about whether or not SA was impaired in any way. I find it hard to believe none of the reporters at their press conference asked about that. They must have been told beforehand that certain questions were off the table.
I wonder why PR LE didn't insist on a blood test after this happened. Apparently they weren't able to compel him to take a breathalyzer so I guess a blood test was out of the question.
In the U.S. if there is a death caused by a motor vehicle accident I believe it is common for the LEO to require the driver to take a blood test. Too bad that wasn't the case here, although I recognize it is a completely different set of circumstances. But I wish a test had been given because then any doubt as to his sobriety would be eliminated.
Gramps could have been drinking, and hopefully that won't be hard to prove if so, based on bar receipts witnesses or if he smelled of alcohol when talking to the first responders on the crew. He also could have had any other number of substances in his blood stream, maybe he smoked a joint or who knows if he used any other substances, pain pills or prescription medication. I'm just speculating but if Gramps was stoned, it could have been a huge factor in this incident. Unfortunately it seems we will never know. It does seem unlikely but not impossible. MOO

 

[SaguaroSpirit]

Parents Whose Daughter Died on Cruise Ship Sue Royal Caribbean, Say They Feel 'Helpless, Hopeless'

“her birthday is Friday, so, she would have been two. I had planned to go and see ‘Frozen 2’ with her; that was going to be her first trip to the movies. I know that it's going to be a very painful day." So, KW knew last Summer that Frozen 2 would be out by Chloe's 2nd birthday? Am I missing something?

 

[al66pine]

G'pas's Colorblindness & Cruiseline's Failure to Warn of Operable Windows?

In pic on page 6, above paragraph 16, easy to see the handles on some windows. At glass/window wall even casual observers can see handles indicating which windows are operable. Colorblindness notwithstanding.
And yes, as someone mentioned, complaint refers to H20 Zone, tho incident did not occur there. jmo

A paragraph from the complaint about unreasonable danger of operable windows:
"50. At all times material hereto, the subject windows in the H2O Zone were unreasonably
dangerous because (1) they were capable of being fully opened by anyone, including other
passengers, and remain fully opened; (2) they did not have adequate fall prevention systems in place (e.g., guards or screens); and (3) they did not have sufficient features to allow passengers, like Mr. Anello, to adequately distinguish windows that were closed from those that were opened, especially for passengers who are colorblind, like Mr. Anello." bbm

 

[BetteDavisEyes]

I don't understand the funeral cost the mother said in the press conference that every time she looks at Chloe's Urn she get emotional. Maybe I am wrong and urns are expensive then you don't have the cost of a burial plot, casket, or a vault to put the casket in. Just how much does it cost to bury a child in an Urn cost. Sorry don't really mean to be insensitive. I just think people don't have to have elaborate funerals.

moo

I did not know that Chloe was cremated and did not have a traditional burial. If that's the case, why was her family asking for money for funeral/burial expenses? What was done with the money that was collected and not needed for cremation? The more that I learn about the family antics, the less I feel any compassion for them