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

[they'll get you]

Yay to a Judge Graham.

Judge Graham ruled that Anello, who is reportedly in his early 50s, should have literally used his senses.

“Based on the record evidence which reveals that the windows surrounding the subject window were tinted; that Mr. Anello reached out in front of him and felt no glass in the window opening before extending the Decedent out to the window opening; that this incident took place on the 11th deck of the Defendant’s vessel,” Graham wrote.

“And that Mr. Anello leaned his upper body over the wooden hand railing and out to the window opening before deciding to lift the Decedent up to the window, this Court finds that a reasonable person through ordinary use of his senses would have known of the dangers associated with Mr. Anello’s conduct.

Accordingly, the Defendant owed no duty to warn of it,’ the judge continued

Royal Caribbean cleared of negligence in toddler Chloe Wiegand's 2019 death

 

[katydid23]

Yay to a Judge Graham.

Judge Graham ruled that Anello, who is reportedly in his early 50s, should have literally used his senses.

“Based on the record evidence which reveals that the windows surrounding the subject window were tinted; that Mr. Anello reached out in front of him and felt no glass in the window opening before extending the Decedent out to the window opening; that this incident took place on the 11th deck of the Defendant’s vessel,” Graham wrote.

“And that Mr. Anello leaned his upper body over the wooden hand railing and out to the window opening before deciding to lift the Decedent up to the window, this Court finds that a reasonable person through ordinary use of his senses would have known of the dangers associated with Mr. Anello’s conduct.

Accordingly, the Defendant owed no duty to warn of it,’ the judge continued

Royal Caribbean cleared of negligence in toddler Chloe Wiegand's 2019 death

Thank Goodness. I really did not want this family to blame the Cruise Line, for the pathetic decision made by this grandfather. That was a disgusting money grab, plain and simple.

I am so glad this judge saw through this ploy.

 

[Midwestmom2019]

This restores my faith in the American legal system. Guys like this lawyer cause truly injured persons to have great difficulties being compensated for their injuries. Finally, it’s too bad Grandpa A did not get prison time in PR. He skated.

 

[BetteDavisEyes]

Thanks for the recent updates. During the pandemic, there was enough doom and gloom without focusing on crimes, trials, missing persons. As a fan of cruise vacations, I found this case very troubling. I'm pleased to know that a judge has determined that SA was solely responsible for Chloe's death and that the family is not entitled to a huge financial settlement for their child's death. I will always question in the back of my mind whether Chloe's death was truly accidental.

 

[neesaki]

Glory be, The wise judge saw what most of us saw, and spells it out plain and clear. Some justice. If the family is smart they’ll let it go and not file the appeal. Though I’m not holding my breath for the prideful, entitled mother to hold herself or her SA accountable in any way.

‘Based on the record evidence which reveals that the windows surrounding the subject window were tinted; that Mr. Anello reached out in front of him and felt no glass in the window opening before extending the Decedent out to the window opening; that this incident took place on the 11th deck of the Defendant’s vessel.

‘And that Mr. Anello leaned his upper body over the wooden hand railing and out to the window opening before deciding to lift the Decedent up to the window, this Court finds that a reasonable person through ordinary use of his senses would have known of the dangers associated with Mr. Anello’s conduct. Accordingly, the Defendant owed no duty to warn of it,’ Graham wrote.

 

[neesaki]

Thanks for the recent updates. During the pandemic, there was enough doom and gloom without focusing on crimes, trials, missing persons. As a fan of cruise vacations, I found this case very troubling. I'm pleased to know that a judge has determined that SA was solely responsible for Chloe's death and that the family is not entitled to a huge financial settlement for their child's death. I will always question in the back of my mind whether Chloe's death was truly accidental.

Same here.

 

[Kittybunny]

Interesting wording..."Judge THROWS out"..."Judge TOSSED the case"...

Apparently, the parents are now filing an appeal, they state that the case needs to be addressed by a jury. The "accidental fall" out of an open window.

The only way a judge should agree to an appeal is if the mother has to watch the video first. I have never felt so cruelly towards someone who has suffered such a tragic loss, but denial and delusion is no longer an excuse, not after all this time.

Does Chloe's mother not have any true friends or relatives or professional who can sit her down and help her face reality? All it would take is for someone to say: "I've watched the video. And I'm sorry, but it's very obvious that SA action's were absolutely reckless and dangerous, and that the window was clearly open and there is no way he could not have known that."

These people, including their lawyer, who I strongly suspect continues to push for action for his payday, need to stop wasting everyone's time and move on! SA got away with reckless homicide or negligent manslaughter, and they should be grateful for that. Let it go.

 

[Arkay]

I haven't followed this thread since the incident first happened, but now that it's back in the news I checked back in. I read some of this latest thread but not all of it, but enough to know mine will be a minority opinion.

I remember when the video from Puerto Rico first came out. To me it was 100% obvious that SA stuck half his body out of the window, clearly knew there was no glass, and like some idiotic maniac, hoisted Chloe out of the window for quite some time and then dropped her.

I've been on Royal Caribbean a hundred times and like everyone here, never faulted the cruise line for even a minute. I am very relieved that the judge threw out the case.

However, IMO I don't think SA did it intentionally. Just foolishly and tragically. I despise him for trying to defend his defenseless and irrevocable act.

I also have to add that if I were in the mother's shoes, I don't know how I would have reacted. Maybe they did just want financial compensation, but I genuinely believe that she needed someone to blame who wasn't part of the family, because she couldn't reconcile herself to that fact going forward. IMO she couldn't handle the thought that her baby was lost due to another family member and couldn't bear for the family to be further divided.

The video is the only way she would really understand what happened and how reckless SA was, and also how his narrative of events cannot be true. But I can imagine in her place also being unable to watch my baby fall to her death.

JMO.

 

[meanmaryjean]

This is the first sensible thing that has happened since that family walked up the gangplank.
Royal Caribbean deemed not responsible in 2019 death of Indiana toddler

 

[JulieBEMT]

This news just absolutely made my day! I am so very happy with this decision. NOBODY (or their family)should ever be financially compensated for dropping a child to her death!

 

[IceIce9]

So happy to hear the news. Royal Caribbean should not have to be a cash cow for the greedy family.

Judge: Royal Caribbean not responsible for Chloe Wiegand's death | wthr.com

 

[IceIce9]

Chloe’s death was a tragedy. It was unnecessary and totally should not have happened.

But I am so tired of seeing people benefit financially at the expense of a business just because they have “deep pockets.”

For sure, there are cases of actual negligence by a company and in those cases they should be held financially responsible.

But this is a case of rare justice.

 

[Andreee]

I haven't followed this thread since the incident first happened, but now that it's back in the news I checked back in. I read some of this latest thread but not all of it, but enough to know mine will be a minority opinion.

I remember when the video from Puerto Rico first came out. To me it was 100% obvious that SA stuck half his body out of the window, clearly knew there was no glass, and like some idiotic maniac, hoisted Chloe out of the window for quite some time and then dropped her.

I've been on Royal Caribbean a hundred times and like everyone here, never faulted the cruise line for even a minute. I am very relieved that the judge threw out the case.

However, IMO I don't think SA did it intentionally. Just foolishly and tragically. I despise him for trying to defend his defenseless and irrevocable act.

I also have to add that if I were in the mother's shoes, I don't know how I would have reacted. Maybe they did just want financial compensation, but I genuinely believe that she needed someone to blame who wasn't part of the family, because she couldn't reconcile herself to that fact going forward. IMO she couldn't handle the thought that her baby was lost due to another family member and couldn't bear for the family to be further divided.

The video is the only way she would really understand what happened and how reckless SA was, and also how his narrative of events cannot be true. But I can imagine in her place also being unable to watch my baby fall to her death.

JMO.

I agree, I think this was a case of careless negligence on the part of the grandfather, and not a deliberate dropping of the child. Despite the family bringing forward this case against the cruise line, I have sympathy for the parents who lost their young child in such a horrific way. I am quite dismayed at the lack of compassion for them by some on this thread, and that some posters think the grandfather should go to prison. I can't imagine the guilt and remorse he must feel about this already, and I don't think prison in this case is going to help anything. I am glad the cruise line was found not responsible for this tragedy. I think the family should not pursue the court decision any further.

 

[Marysmith]

Wow - great news on Websleuths! Totally agree with the decision by Judge Graham! I hope the family will drop this lawsuit now as well but I am anticipating that they may not but it will be harder to get an appeal than the first trial IMO.

 

[they'll get you]

Royal Caribbean cleared of negligence in tragic death of toddler.

“The true risk-creating danger here was Mr. Anello lifting a child up to an open window,” wrote Judge Graham as he entered a summary judgment in favour of Royal Caribbean. “The Plaintiffs have provided no evidence showing the Defendant was on notice of that danger.”

The Wiegands’ attorney, Michael Winkleman, said the South Bend, Ind., couple plan to appeal.

“The family is surprised and deeply saddened by the court’s ruling. This is a matter that should be decided by a jury, and we are confident and hopeful the appellate court will agree,” Winkleman told the Mail.

“We will be filing the appeal shortly and we will continue to fight and raise awareness about the dangers of unintentional toddler window falls. This case was always about Chloe and shining a light on her brief but beautiful life.”

Royal Caribbean cleared of negligence in tragic death of toddler | Calgary Sun

 

[they'll get you]

Chloe’s parents, however, still blame the cruise ship line and demanded that Royal Caribbean revise its window design and cough up potentially tens of millions in compensation.

The Wiegands’ lawyers say Royal Caribbean “chose to ignore” the dangers the windows posed and, instead, blamed Anello, reported the Mail. They also allege the cruise line destroyed CCTV evidence, which Royal Caribbean denied.

Royal Caribbean cleared of negligence in tragic death of toddler | Calgary Sun

Judge Graham ultimately decided that Anello’s “unforeseeable” behaviour was the sole reason for Chloe’s death, and the grandfather should have been able to hear noise or felt wind from outside, or saw the light coming in from the open window.

 

[they'll get you]

In a videotaped deposition, Anello recounted his version of the tragic accident, the Mail reported.

“The entire ship had a wall of glass in an open-aired area. At no time did I not think that there was a protective wall of glass around me. I had confirmed wrongly in my mind that there was glass,” he said.

“Chloe got out of my hands because there wasn’t glass I expected there,” he continued. “I had my hands on her the whole time.

(IMO Kim is a fast thinker)
“After the accident, I remember Kim getting there and screaming, ‘Why would you have a window open?’ And that’s the first time I realized it was like a window… and not just like a missing pane of glass.”

He added tearfully, “Everything after I saw her fall is pretty tough to remember. After I saw her land, that’s what I see every day. That’s what I see every day.”

Royal Caribbean cleared of negligence in tragic death of toddler | Calgary Sun

 

[LietKynes]

This news just absolutely made my day! I am so very happy with this decision. NOBODY (or their family)should ever be financially compensated for dropping a child to her death!

bbm
Exactly.
When there's so much bad news ...in the news; it's good to hear of a judge that will not cave in to the greed of others.
A payout would certainly lead to more ... 'unintentional toddler window falls'.
So, are there 'intentional toddler window falls' ?
No, because a toddler is too young to think for themselves as far as making choices involving open windows.
Even if she could make a conscious decision, she could not have reached that window without help from an adult.
This lawyer is full of Baloney Schizzle.
The truth is a sad fact of life.
This (horrifying death) was done to Chloe and the focus should be on her short life, and not a lottery win.
Imagine if the cruise line agreed that they were at fault (of course they weren't , and they won't settle -- in order to prevent future tragedies from occurring on their ships), and the terms of agreement were that if the ship took the blame -- then the parents and other relatives of Chloe including SA would never be allowed to collect a dime.
Highly doubtful this would be agreeable.
Imo.

 

[TDoc72]

I agree, I think this was a case of careless negligence on the part of the grandfather, and not a deliberate dropping of the child. Despite the family bringing forward this case against the cruise line, I have sympathy for the parents who lost their young child in such a horrific way. I am quite dismayed at the lack of compassion for them by some on this thread, and that some posters think the grandfather should go to prison. I can't imagine the guilt and remorse he must feel about this already, and I don't think prison in this case is going to help anything. I am glad the cruise line was found not responsible for this tragedy. I think the family should not pursue the court decision any further.

I felt much the same (and have stated in a few posts over these threads) UNTIL they filed the lawsuit and put all the blame on the boat and not the grandfather. I always thought this was a tragic yet preventable accident and that the grandfather shouldn’t get any jail time. But I did lose a lot of the sympathy for the family when they continued to not believe what actually happened. She would’ve never been able to fall out the window if he didn’t put her near the open window.

 

[LietKynes]

Chloe’s parents, however, still blame the cruise ship line and demanded that Royal Caribbean revise its window design and cough up potentially tens of millions in compensation.

The Wiegands’ lawyers say Royal Caribbean “chose to ignore” the dangers the windows posed and, instead, blamed Anello, reported the Mail. They also allege the cruise line destroyed CCTV evidence, which Royal Caribbean denied.

Royal Caribbean cleared of negligence in tragic death of toddler | Calgary Sun

Judge Graham ultimately decided that Anello’s “unforeseeable” behaviour was the sole reason for Chloe’s death, and the grandfather should have been able to hear noise or felt wind from outside, or saw the light coming in from the open window.

bbm
What in the world ??
Why are the parents accusing the ship of doing this ?
And also blaming RCCL for Chloe's death ?
Of course RCCL didn't destroy the footage.
That video and others from different angles, which I think they're sitting on -- is their best defense !
Should the parents continue to appeal and make a stink about this --the RCCL might have to release more video that is even more graphic.

Questions :

• Did SA try this with Chloe on any other deck and by any other window on the ship ?
• Witnesses see anything that showed him acting weird , as in taking Chloe by the hand or talking to her and coaxing her to a window ?
• Was there any camera footage from the outside of the ship showing SA lean out and then holding (possibly dangling as the ship's employees said in the Puerto Rican news) and dropping her ?
• What was the mother doing that she needed to be gone at that time and did the rest of the family not want to watch Chloe or were busy elsewhere ?
• What was dad doing ? (this may have been addressed in another thread, just rehashing -- to figure out what the key players were doing and where they were on the ship)
• Did SA drink before tossing that baby out the window ? His lawyer says 'no'.
• Why did SA refuse a breathalyzer ?

Etc.
Imo.