IN - Grandfather charged in cruise ship death of toddler Chloe Wiegand #6

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Kindred said:
Yes, RCCL is requesting the entire civil case be thrown out WITH PREJUDICE, meaning that they would be barred from attempting another suit on this matter. And yes it is a very real possibility that it might be. The status conference is just that, a status conference. The judge wants to talk to both legal teams to discuss the merits of the case. It's standard and doesn't really mean one side has an advantage over the other.
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Thank you for clarifying this.

If the civil suit against RC gets thrown out, I hope David Begnaud and other U.S. media will be as zealous in their coverage of it as they were when it came to reporting the Weigands’ version of events.

This family had lost all my sympathy and I hope the media exposes them for their lies and false statements about Royal Caribbean. There are indeed 2 victims here- Chloe and RCCL.
 
So I’m curious if RCL can set their MTD for hearing before March 11? We routinely set our MTDs quickly so they can’t stall the action but maybe federal court rules of procedure are different ? Curious if federal rules have deadlines for answers etc or is litigation allowed to languish ? JMO
 
Kindred said:
From my understanding of the documents, unless the DA or SA's criminal attorney sat them down and showed it to them, or Winkleman showed them the one he managed to get (I'm assuming from the criminal lawyer) no, it seems like they haven't seen it at all before the filing. The timeline given by the plaintiffs in their emergency motion show only their one lawyer (not Winkleman) agreed to a viewing with the cruise line, no one else.
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MOO but I believe that KW viewed the video prior to filing the suit. Everything about her personality type indicates to me that she would have demanded to see the video (likely via Winkleman) to find out exactly what happened to her daughter. I know this personality type because I have it myself. Angry over emotional in the wake of trauma. These type of people WANT ANSWERS, and they can set their emotions to the side to get them.

A less subjective reason I believe she viewed the video before filing was her body language at the press conference when a reporter asked them if they had seen the video. AW immediately shook his head expressing “No” but KW very slightly raised the corners of her lips (something akin to a smirk) before whispering to Winkleman’s, who then answered for her saying that they hadn’t.
 

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BetteDavisEyes said:
Security is very tight when ships are in port. I'm sure there is exterior video from the ship or other surveillance cameras at the pier. Perhaps the video that was filed in the dismissal is deemed sufficient proof at this juncture.
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Was the video filed with the Motion to Dismiss? Was it sealed?
I know. Morbid, but I have to see how he could be so incredibly careless.
Chikkamma said:
@Kindred or anyone else who can help me out.... I am a bit confused.

Is this Motion to Dismiss a request that the Weigand’s entire civil lawsuit against them be thrown out?

If that is a real possibility, why is there a status conference for the civil suit set up for March 11?
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Chikkamma said:
@Kindred or anyone else who can help me out.... I am a bit confused.

Is this Motion to Dismiss a request that the Weigand’s entire civil lawsuit against them be thrown out?

If that is a real possibility, why is there a status conference for the civil suit set up for March 11?
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Dismissal hearing probably will be held before status conference. Status conference set routinely and more importantly to keep case moving along. If Motion to Dismiss is granted, RCCL wins. Wiegand’s lose. And Status Conference will get cancelled.
Of course, Whiney Winkleman might file an appeal or Motion to Reconsider, but he really just needs to go back to his office with his tail tucked behind him. There are plenty more passengers falling off ships while they are partying. More fish in the sea, so to speak.
 
BetteDavisEyes said:
Could the Defense claim that the Motion For Dismissal will prejudice their case?
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I was wondering something in the same vein. Since the opportunity to inspect the ship in Barbados was only 4 days ago, I am sure that the Wiegands experts have not yet had the chance to render their opinion. Therefore, none of their "evidence" has been considered.
 
"Plaintiffs shall be permitted to conduct an unsupervised and unrecorded inspection of the Freedom of the Seas in Barbados on Friday, January 10, 2020, including the scene of the incident on Deck 11, adjacent windows, and fixed glass panels on Deck 12."

Also, wonder what they are hoping to find on Deck 12?
 
Forever Young said:
"Plaintiffs shall be permitted to conduct an unsupervised and unrecorded inspection of the Freedom of the Seas in Barbados on Friday, January 10, 2020, including the scene of the incident on Deck 11, adjacent windows, and fixed glass panels on Deck 12."

Also, wonder what they are hoping to find on Deck 12?
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Just a guess.... maybe he wants to show that as there are the fixed glass windows on deck 12, why are there open windows on deck 11.

ETA: Which IMO is just more BS.
 
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Forever Young said:
I was wondering something in the same vein. Since the opportunity to inspect the ship in Barbados was only 4 days ago, I am sure that the Wiegands experts have not yet had the chance to render their opinion. Therefore, none of their "evidence" has been considered.
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I don't think their experts matter yet. The motion to dismiss contends that anything the Wiegands have to say doesn't matter because the complaint itself is not viable. RCL says that the complaint accuses RCL of violating standards that don't even apply to them. So throw the case out regardless of what Wiegand's experts would say. It's like you sue your auto mechanic for failing to meet aircraft mechanic standards, and you've lined up experts to testify. Your mechanic would say that your experts don't matter because you can't legally hold him to a standard that he isn't legally required to meet. At least that's how I read it.
 
Wow that is a mic drop motion.

I imagine the 2 camera angles they are submitting are good enough for a motion to dismiss.

They don't need to mention the eyewitnesses and tons of other video footage yet. They can save that for discovery if needed. But honestly, they probably don't want to release it because it's probably the most graphic and not necessary for anyone to see at this point.

For me, I don't need anything more than those still shots. The still shot of him leaning out the window before he pictures her up is crystal clear and is all I need.
 
Forever Young said:
I thought so, too, at first. But from the YouTube video I posted, they look to open just like the windows on Deck 11.
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Hmmm, I wonder why it states fixed glass on 12. Maybe he thought they were fixed, but aren’t? Gonna go back and watch video. :)

ETA: You’re right, they do open, same as in 11.
 
WiseGuy said:
I don't think their experts matter yet. The motion to dismiss contends that anything the Wiegands have to say doesn't matter because the complaint itself is not viable. RCL says that the complaint accuses RCL of violating standards that don't even apply to them. So throw the case out regardless of what Wiegand's experts would say. It's like you sue your auto mechanic for failing to meet aircraft mechanic standards, and you've lined up experts to testify. Your mechanic would say that your experts don't matter because you can't legally hold him to a standard that he isn't legally required to meet. At least that's how I read it.
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I've been trying to read up on the procedure when a motion to dismiss is made. From what I am reading, it is as you say, while also describing that this is often standard procedure and that the Wiegands will have the opportunity to amend their complaint one time, without the court's permission according to Florida civil procedure. IF they can find something to add.
 
I thought this site explained the procedure as simply as possible.

"Fighting the Motion to Dismiss
Florida Rules of Civil Procedure 1.190 can aid in shortcutting a Motion to Dismiss. The Rule allows the Plaintiff to amend a pleading once, without permission of the Court, prior to a responsive pleading from the Defendant. A Motion to Dismiss is not a responsive pleading. The Motion to Dismiss must outline the deficiencies with specificity and particularity. This provides a wealth of information to the Plaintiff. It explains where there are deficiencies in the Complaint. The Plaintiff can fix the deficiencies and file an Amended Complaint. The Defendant has ten days after the Amended Complaint is filed to serve a response or file another Motion to Dismiss.

The other option is to attend the oral arguments and provide dissect the Motion to Dismiss. Point out where the Defendant is arguing issues of fact. A Motion to Dismiss cannot be granted based on issues of fact. Defendants, even seasoned attorneys, still try to argue the facts in a Motion to Dismiss."

Motion to Dismiss – Harder Law Group
 
WiseGuy said:
IMO they will not.

1. PR still has big issues with infrastructure, power and water outages, after-shocks, etc. just seems like everyone’s attention is on bigger issues.
2. Prosecutors would have to prove intent. NegHom just requires proving what actions took place, easy enough with sound-free video. But getting into the “mind” of Anello? How do you do that?
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Polygraph?
 
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