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

[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
It's not about Chloe anymore, if it ever was.
So sad for this little babygirl who was robbed of her life.
Imo.

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

bbm
Lavender bolded : In the videos, it looks like he has only one hand holding her at the moment she's dropped.
Orange bolded : My god, he watched her fall until she hit the concrete ?
And that's not creepy ?
Of course it is.
MOO.

 

[mickey2942]

The worst part of the video, was when he actually, physically, put his head out of the window, then, he popped his head back in, literally grabbed her, and in one quick movement, put her, up, over the guardrail, and out of the window. It was crazy.

https://twitter.com/YomarElMaja/status/1207115424699158530?s=19

I remember watching the "Comay" enactment, and the actor who did it, afterwards, brought the small Cabbage Patch doll they used to represent Chloe, over to the sofa to chat, he tenderly tucked the little doll upright next to him. A man on TV, was more attentive to a Cabbage Doll than SA had been to Chloe.

 

[katydid23]

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 think the seeming lack of compassion comes from watching the horrible way they responded to the tragic events themselves. They instantly pivoted to pointing fingers at others---like the Cruise Lines and the way the ship was designed and the type of windows used and the fact there was a kiddie pool nearby----ALL of those details were highlighted and pointed to---WITHOUT EVER ADMITTING GRANDFATHERS OBVIOUS NEGLIGENCE.

They wanted to legally block all upper deck windows from opening, on ALL cruise ships, forevermore---just because Grandpa was so personally reckless and negligent and defiant. And they are still trying to do that. Even though the only toddler that has ever 'fallen' from an upper deck sliding window was theirs.

I found that pathetic, to tell you the truth. I didn't see a family that was focusing on their loss and grief. I saw a family of lawyers, IMMEDIATELY reach out to a well known attorney who specialised in suing Cruise Lines, and they began setting up their lawsuits, before the sweet baby was even buried. So I admit that I was not feeling lots of compassion towards them.

As a mother and grandmother, my heart does break for the family and their painful loss. But at the same time, I didn't see them taking any responsibility or accountability for the child's tragic death. They kept going on national tv, pointing at the Cruise Lines and saying they were to blame for their child's death.
And they are still doing so.

Also, they acted in dishonest way, in my opinion. They even used a deceptive video in their first appearances...trying to make it look like it was not Grandpa's error. And accusing the Cruidse Lines of nefarious behaviour. And the purpose of all that effort was for money.

So although it does sound harsh and I may be seen by you as a heartless, unsympathetic soul---I do want to explain my feelings of anger and disappointment. JMO

 

[BetteDavisEyes]

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...

<respectfully snipped>

Note to Chloe's parents: Be careful what you wish for.

 

[BetteDavisEyes]

I think the seeming lack of compassion comes from watching the horrible way they responded to the tragic events themselves. They instantly pivoted to pointing fingers at others---like the Cruise Lines and the way the ship was designed and the type of windows used and the fact there was a kiddie pool nearby----ALL of those details were highlighted and pointed to---WITHOUT EVER ADMITTING GRANDFATHERS OBVIOUS NEGLIGENCE...

<respectfully snipped for space> Thank you for your very thoughtful and eloquent post. I believe that you speak on behalf of many others who have followed this case. I know that you echo my sentiments perfectly.

 

[IceIce9]

The worst part of the video, was when he actually, physically, put his head out of the window, then, he popped his head back in, literally grabbed her, and in one quick movement, put her, up, over the guardrail, and out of the window. It was crazy.

https://twitter.com/YomarElMaja/status/1207115424699158530?s=19

I remember watching the "Comay" enactment, and the actor who did it, afterwards, brought the small Cabbage Patch doll they used to represent Chloe, over to the sofa to chat, he tenderly tucked the little doll upright next to him. A man on TV, was more attentive to a Cabbage Doll than SA had been to Chloe.

From the very first time I had viewed that awful video I can could see that he puts his entire head and shoulders out the window, then lifts little Chloe up high and hurls her out the window. It happened so quickly there doesn’t seem to be time for a game, or that he is just holding her up to see better. It looks like he just throws her out the window in one movement.

I know some members were defending him and thought it was an accident but I can’t, and have never been able to see that video any other way.

 

[Midwestmom2019]

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.

We were all sympathetic until the parents made a money grab. Trying to shift the blame from the actual criminal was the turning point. Grandpa’s action was SO UNEXPLAINABLY stupid. Someone who acts with so little awareness of potential consequences potentially has an illness like dementia or perhaps an IQ under 80 or even under 70. A few alcoholic drinks, enhanced by any prescription or non prescription drug could lead to altered thinking by anyone. Slippery sunscreen, sweat or pool water probably contributed to an inability to keep a child within a tight grasp. Or arthritic fingers. Who knows. But the act of putting her up and over, then through an open window, defies rational or even irrational thought. I can’t prove it, but what other explanation or defense can someone offer? If he had said I lost my grip because of sunscreen, sweat whatever, even I had a few beers and did not realize I had not eaten, I can accept that. BUT FOR him putting her outside the window, he’d be ok. Telling us he thought the window was open was the lie that sealed it for me. Motive? We don’t know if there was a financial reason, health, or keeping a secret as a motive. If a motive had been put forth, explored and proven, I’d convict him in a heartbeat. I could care less that the rest of his life he’ll be haunted by his guilt and remorse. Someone who acts with so little regard for consequences, disregard really, deserves much more than feeling bad. Even a monetary fine is not enough. Prison is punishment. It serves as a deterrent. It gives others pause to consider that their acts are subject to review under the laws of the jurisdiction in which they find themselves. I’d guess that many of us here expressed our opinions and feel the same way. Any other news articles and the written opinions posted after the news was printed, whether printed here, abroad, and regardless of source, indicate that we stand in solidarity. But that’s the law. And we abide by the laws as written.

 

[Midwestmom2019]

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 get an automatic right to a first appeal. How that appellate court rules, is another matter.

 

[Midwestmom2019]

From the very first time I had viewed that awful video I can could see that he puts his entire head and shoulders out the window, then lifts little Chloe up high and hurls her out the window. It happened so quickly there doesn’t seem to be time for a game, or that he is just holding her up to see better. It looks like he just throws her out the window in one movement.

I know some members were defending him and thought it was an accident but I can’t, and have never been able to see that video any other way.

I can get it if he swings her up for help by gravity, inertia whatever physics calls it. Momentum. He probably could not lift her up slowly. He was counting on the swing to get her up. But he lost his grip. Whether he let go, deliberately or accidentally, we’ll never know. But the very fact that he wants her up, is crucial. Why he doesn’t leave her on the floor to look and bang through the windows is beyond me. If we count how many mistakes he made, is there any other explanation?

 

[Midwestmom2019]

bbm
It's not about Chloe anymore, if it ever was.
So sad for this little babygirl who was robbed of her life.
Imo.


bbm
Lavender bolded : In the videos, it looks like he has only one hand holding her at the moment she's dropped.
Orange bolded : My god, he watched her fall until she hit the concrete ?
And that's not creepy ?
Of course it is.
MOO.

Shock? No, I’m not condoning anything these people did, just pointing out other possible reasons. Peeling away layers until the truth is exposed.

 

[Midwestmom2019]

All in all, this is probably the worst avoidable tragedy I’ve ever followed.

 

[Midwestmom2019]

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

Well reasoned opinion, laying out all the facts considered, why they were considered, and magic legal words of “reasonable person” and “ordinary use of his senses” and “no duty” will make it next to impossible to over turn his ruling. There should be no abuse of discretion found. Judge must “take into proper consideration the facts and law relating to a particular matter;” Abuse of Discretion
That’s the bench mark in over turning a trial court’s rulings. This is great. Trial courts hate being over turned on appeal.
The Law: she can be so logical, unemotional and fair.

 

[borndem]

I hope, hope, hope it will all end here. Let it be DONE.
I don't think grandpa did it on purpose; I think he was excited and wanted to entertain that beautiful little girl. It seemed to me that he didn't really notice anything. He was in a new place and he didn't check things out. The open window -- how could he not see that? Why did he pick her up? Let her beat on the glass as she did at the hockey games -- standing on her own two little feet on the floor. Did he check the window before he picked her up -- apparently not. Maybe she was heavier than he thought, and when he lifted her, inertia got hold of her and he didn't stop the motion. One second and she was gone.
End of story. Period. Justice has been done.

---------------------------​

One more article:

Judge Rules That Royal Caribbean Is Not Responsible for Death of Toddler Who Fell out an Open Window

A federal judge determined that the girl's grandfather should have known he was holding her against an open window

By Steve Helling
July 14, 2021 06:24 PM
A judge has ruled against the family whose toddler fell to her death out of a cruise ship window in July 2019, saying that her grandfather -- not the cruise line -- was responsible for her death.
----------------------------------------------------------
More here:
Judge Rules That Royal Caribbean Is Not Responsible for Death of Toddler Who Fell out an Open Window

 

[Montrealaise]

I'm so glad the judge ruled the way he did. Anyone who watched the video could see that SA knew the window was open and knowingly held her up to an open window eleven stories above the ground.
However, I don't believe this was intentional in any way, just incredibly stupid and reckless. People do stupid and reckless things all the time. Last weekend, a family decided to have a cookout over a backyard fire pit. The father had a hard time getting the fire to start, so he poured gasoline on it.
Now the father, mother and three kids are in the hospital with third degree burns, and the kids might not survive.
However, I think it's way past time for Kim and Alan to stop their denial and face the truth of what happened, although it will undoubtedly be painful. If they cannot bring themselves to watch the video, then have someone they trust do it and tell them what the video reveals. The public already sees them as greedy and money-grabbing, and continuing with this farce by filing an appeal will just make it worse. Or do they not care at all about how them come across?

 

[Lilibet]

Did he check the window before he picked her up -- apparently not.

Yes, he checked the window. The judge was very clear that he knew it was open. On the video it’s obvious that he leaned out the window before he picked her up and held her outside the window (with just one arm IIRC). I don’t think he dropped her on purpose, but to hold a wiggly toddler out a window is insanely irresponsible.

 

[borndem]

Yes, he checked the window. The judge was very clear that he knew it was open. On the video it’s obvious that he leaned out the window before he picked her up and held her outside the window (with just one arm IIRC). I don’t think he dropped her on purpose, but to hold a wiggly toddler out a window is insanely irresponsible.

bbm
Absolutely, @Lilibet -- it shouldn't be done at any height -- a child falling out of a kitchen window only 4 -- 5 feet down onto a patio could be fatal. SMH.
And thanks for reminding me that he did indeed check the window -- yes, he did look out that window -- I do recall seeing it.
I hope the family will leave it where it is and try to find some peace.

 

[Lilibet]

bbm
Absolutely, @Lilibet -- it shouldn't be done at any height -- a child falling out of a kitchen window only 4 -- 5 feet down onto a patio could be fatal. SMH.
And thanks for reminding me that he did indeed check the window -- yes, he did look out that window -- I do recall seeing it.
I hope the family will leave it where it is and try to find some peace.

Thanks for confirming my recollection. I don’t think I could bear to watch that video again!

 

[Andreee]

I'm so glad the judge ruled the way he did. Anyone who watched the video could see that SA knew the window was open and knowingly held her up to an open window eleven stories above the ground.
However, I don't believe this was intentional in any way, just incredibly stupid and reckless. People do stupid and reckless things all the time. Last weekend, a family decided to have a cookout over a backyard fire pit. The father had a hard time getting the fire to start, so he poured gasoline on it.
Now the father, mother and three kids are in the hospital with third degree burns, and the kids might not survive.
However, I think it's way past time for Kim and Alan to stop their denial and face the truth of what happened, although it will undoubtedly be painful. If they cannot bring themselves to watch the video, then have someone they trust do it and tell them what the video reveals. The public already sees them as greedy and money-grabbing, and continuing with this farce by filing an appeal will just make it worse. Or do they not care at all about how them come across?[/QUOTE

 

[Andreee]

Montrealaise:
I agree with you, and that the parents are in denial and finding it hard to face the painful truth which anyone would.

 

[Montrealaise]

The parents have said that they can't bring themselves to watch the video. But have they read the summary judgment? Because the judge explains exactly why he dismissed their case, relying on what is clearly visible on the video - SA stuck his head out of the window (so he knew the window was open) before lifting little Chloe up and over the safety railing. The judge also said it would have been impossible not to know the window was open, based on what SA would have seen, heard and felt. So why are the parents pursuing an appeal? Are they really this greedy?
Or do the parents really believe that cruise ships should close all of their windows at all times, or maybe post signs saying "Do not hold children out of windows"?