GUILTY IN - Grandfather charged in cruise ship death of toddler Chloe Wiegand #9 *NO JAIL*

[Wicked Strong]

I believe it was said on this forum that SA is 5' 11". So that's putting you 7" shorter, do you think you could have put your out outside the window?

MOO

 

[JulieBEMT]

Absolutely!! My head was literally RIGHT up to the glass.

 

[Midwestmom2019]

I believe it was said on this forum that SA is 5' 11". So that's putting you 7" shorter, do you think you could have put your out outside the window?

MOO

You’re the height of the law partner of MWinkleman. He stood on his “tippy toes” to reach up SO high!

 

[they'll get you]

This virus has truly kicked RCC hard so I doubt they'd be willing to give money away. I feel they will fight this harder than before.

 

[Lawnguylander1964]

If RCCL settles on this one, they set the precedent for settling on all claims by stupid people for all eternity.

I can't imagine this trial will go on for weeks. I think once we see the witness lists we'll get a feel for the length of the trial. And not all witnesses on the lists are called. I think seeing how many experts they plan to call will be the driver.

 

[In vino veritas]

If RCCL settles on this one, they set the precedent for settling on all claims by stupid people for all eternity.

I can't imagine this trial will go on for weeks. I think once we see the witness lists we'll get a feel for the length of the trial. And not all witnesses on the lists are called. I think seeing how many experts they plan to call will be the driver.

If in fact this ever gets to trial. Perhaps it will dismissed once all discovery is presented.

 

[WiseGuy]

March 30, 2020 Deadline for Amended Pleadings and Deadline to effectuate service on joined parties.

Now this deadline has passed, any one know if anything new has happened? I am really curious if there are any joined parties.

 

[Montrealaise]

If RCCL settles on this one, they set the precedent for settling on all claims by stupid people for all eternity.

I can't imagine this trial will go on for weeks. I think once we see the witness lists we'll get a feel for the length of the trial. And not all witnesses on the lists are called. I think seeing how many experts they plan to call will be the driver.

I don't think that RCCL is in the mood to offer even one dollar to this greedy couple who want to make money off their baby's death. The coronavirus has hit the cruise ship industry very, very hard and it wouldn't surprise me if some of them ended up filing for bankruptcy.

 

[Seattle1]

This virus has truly kicked RCC hard so I doubt they'd be willing to give money away. I feel they will fight this harder than before.

I agree.

Even though RCCL had a billion-dollar profit last year and projections for the same this year, there is no business that can survive for long if it's not generating any kind of revenue, and that's exactly where the industry is right now. Also, RCCL doesn't pay any US taxes and not front in line for any government stimulus help.

As for the wrongful death suit, this would be an insured loss if the plaintiff prevailed and has no bearing on RCCL longevity.

I think they will continue to fight it and if they do settle, it's going to be for PR reasons and not because they are assuming any blame for this tragedy.

However, if months from now it's RCCL's plan to focus on the business of bookings and recovery from the COVID-19 losses then I can see the shareholders pressuring them to settle and move on.

MOO

 

[WiseGuy]

Schedule for the civil trial:

SCHEDULING ORDER SETTING PRETRIAL CONFERENCE AND TRIAL DATES Case No. 19-25100-CIV-GRAHAM/MCALILEY
Filed 3/13 9 Pages

*I'm not going to post the full document because it's mostly instructions for the lawyers and isn't really pertinent to our interests here, but it is document #37 on the docket here.

I clicked on the docket here link. There have been several new documents attached, most recently yesterday. But of course I can't open any of them. Curious if anything interesting has happened. I do see reference to mediation, and to a jury trial set for February 2021.

Thanks again to Kindred.

 

[In vino veritas]

I clicked on the docket here link. There have been several new documents attached, most recently yesterday. But of course I can't open any of them. Curious if anything interesting has happened. I do see reference to mediation, and to a jury trial set for February 2021.

Thanks again to Kindred.

I , too, am curious. Also could not open any of the documents. Does anyone have additional info?

 

[Seattle1]

I clicked on the docket here link. There have been several new documents attached, most recently yesterday. But of course I can't open any of them. Curious if anything interesting has happened. I do see reference to mediation, and to a jury trial set for February 2021.

Thanks again to Kindred.

I , too, am curious. Also could not open any of the documents. Does anyone have additional info?

After the Court denied RCL's Motion to Dismiss Wiegand's suit, RCL filed their ANSWER to the Plaintiff's Complaint on April 10, 2020. No bombshells here -- denied most of the allegations.

(Once a trial date is set, the Federal Rules of Civil Procedure 16 require the parties to participate in Mediation. Mediation has to be completed not later than 40 days before the trial date).

It looks like the parties have agreed to a Mediator (Manuel R. Morales, JR) and the Court ordered Mediation for November 19, 2020, at 10 AM.

In its answer, RCL also calls on the principles of comparative fault (i.e., Anello's negligence) to reduce any award. I think COVID-19 will probably have a big impact on Mediation.

 

[oviedo]

After the Court denied RCL's Motion to Dismiss Wiegand's suit, RCL filed their ANSWER to the Plaintiff's Complaint on April 10, 2020. No bombshells here -- denied most of the allegations.

(Once a trial date is set, the Federal Rules of Civil Procedure 16 require the parties to participate in Mediation. Mediation has to be completed not later than 40 days before the trial date).

It looks like the parties have agreed to a Mediator (Manuel R. Morales, JR) and the Court ordered Mediation for November 19, 2020, at 10 AM.

In its answer, RCL also calls on the principles of comparative fault (i.e., Anello's negligence) to reduce any award. I think COVID-19 will probably have a big impact on Mediation.

Mediation is tough now with the stay safe/social distancing now - none of the mediators I know are doing anything but telephone mediations and they are not that effective so far. RCCL may have no business left by November with the recent 100 day recommendation for the cruise industry. And it won't be public - our mediated settlement agreements are not filed with the court and include a clause that the parties may not discuss them. We will see a Mediators report with either settled or impasse and that's about it.
JMO

 

[Seattle1]

Mediation is tough now with the stay safe/social distancing now - none of the mediators I know are doing anything but telephone mediations and they are not that effective so far. RCCL may have no business left by November with the recent 100 day recommendation for the cruise industry. And it won't be public - our mediated settlement agreements are not filed with the court and include a clause that the parties may not discuss them. We will see a Mediators report with either settled or impasse and that's about it.
JMO

Setting the mediation date was a formality since it's time-sensitive
to the trial date. I doubt any court calendar will be able to follow the existing schedule -- especially Civil Court.

What I don't doubt is that majority insurers all wait until mandatory mediation to assign adjusters to the sidelines and for the first time begin to consider settlement offers.

Come November, Shareholders will want RCL to focus on bookings, bookings, bookings. And if any of the cruise lines survive, I have to agree that it will probably be RCL. MOO

The Comeback Story for RCL Stock Is Already Underway

April 14, 2020

So, to answer the question about whether Americans will ever return to cruises, you better believe it.

Will it be tomorrow or the next day? No way. It’s going to take many months for this to sort itself out.

However, as I said about Royal Caribbean earlier in April, CEO Richard Fain is a seasoned veteran who’s been through plenty of threats to its livelihood. He’s always brought the company through to the other side healthier than ever.

 

[In vino veritas]

Is there still any possibility this case can be dismissed by the federal judge when all discovery is presented, if warranted? Or does it have to proceed to trial at this juncture.

I am not familiar enough with the nuances of our legal system to know the answer to this.

I would truly hate for this to go before a jury, or worse, have RCL settle with this family.

 

[they'll get you]

Given the dire financial straits that RCI will be in due to COVID-19 crisis, I seriously doubt that Chloe's parents will see a dime.

(I image profits are $0.00 now).

Employees. 77,000

Revenue. $9.5 B

Assets. $27.7 B

Profits. $1.8 B

Royal Caribbean Cruises
Forbes.
As of April 16 9:52:39 AM EST

 

[they'll get you]

I received this email today from RCC gunning for bookings in JAN 2021. (Snippet of email).

We know how eager you are to get back to normal daily life — and onboard with us. We’re excited to see you again too. To help you get started planning your next cruise, we’re offering you a special Crown & Anchor Bonus. Book between A‌pr‌il‌ 1‌5 – ‌2‌1‌, 2‌0‌2‌0, and you could save up to $475 AUD off your cruise.

To redeem your exclusive bonus, make sure to enter your Crown & Anchor® Society member number when placing your booking. We appreciate your loyalty and support always. And we can’t wait to see you back onboard soon

 

[Seattle1]

I received this email today from RCC gunning for bookings. (Snippet of email).

We know how eager you are to get back to normal daily life — and onboard with us. We’re excited to see you again too. To help you get started planning your next cruise, we’re offering you a special Crown & Anchor Bonus. Book between A‌pr‌il‌ 1‌5 – ‌2‌1‌, 2‌0‌2‌0, and you could save up to $475 AUD off your cruise.

To redeem your exclusive bonus, make sure to enter your Crown & Anchor® Society member number when placing your booking. We appreciate your loyalty and support always. And we can’t wait to see you back onboard soon

That's great -- I hope they come back stronger than ever!

 

[IceIce9]

That's great -- I hope they come back stronger than ever!

I heard on the news today that bookings for the cruise lines industry in general are up a huge percent for 2021.

 

[Seattle1]

Is there still any possibility this case can be dismissed by the federal judge when all discovery is presented, if warranted? Or does it have to proceed to trial at this juncture.

I am not familiar enough with the nuances of our legal system to know the answer to this.

I would truly hate for this to go before a jury, or worse, have RCL settle with this family.

A directed verdict or dismissal is still possible but not without moving to trial.

When the judge ruled that the case should move forward, it wasn't because he believed the (family) plaintiff's claim but said that there were allegations, evidence, and theories on both sides that needed to be heard (i.e., explained further including demonstrations and expert witness testimony, etc.).

At the conclusion of the plaintiff's evidence, their lawyer will announce that the plaintiff rests. At that time RCL's lawyer has the option of making a motion for a directed verdict, arguing that RCL's liability has not been proven by a preponderance of the evidence.

(In a criminal trial, the defendant's lawyer can ask for a motion to dismiss the charges, arguing that the state/government has failed to prove its case beyond a reasonable doubt).

In both kinds of cases (civil & criminal), the judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence (and the jury decides).