In fact, Plaintiffs decided to bring the lawsuit on the same day of Chloes death, without knowing the full facts and circumstances that caused it.. 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 outlet. In a video deposition, Chloe's mother Kimberly Wiegand can be seen . A newly-released deposition video obtained by MailOnline shows Chloe Wiegands mother emotionally distraught as she relives the day her toddler daughter died aboard a Royal Caribbean cruise ship. At first 100% in support of the family, then after they began blaming the cruise line some negative comments appeared. A reasonable person through ordinary use of his senses would have known of the dangers associated with Mr. Anellos conduct. On July 4, a crew member on board the Carnival Victory ship fell overboard 30 miles northwest of Cuba. Kimberly Wiegand has maintained that the cruise ship is responsible for her daughters death for allegedly failing to warn passengers about an open window. A lawyer for the Wiegand family bashed the cruise line over the weekend for releasing the footage, claiming that the video released from the fatal episode was deceptive, WTHR reported. Mr. The Plaintiffs have provided no evidence showing the Defendant was on notice of that danger.. I'm not buying this latest excuse for SA's reckless actions. Lawyers for parents Alan, 42, and Kimberly, 38, Wiegand claimed that Royal Caribbean chose to ignore the clear, known dangers of the open window, according to The Mail. "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. I said You killed Chloe! He said, I know. The toddler died instantly after falling from the window ledge. The still shots taken from the videos show: 1. We pray the Lord to fill with strength this family who are living a true tragedy today.. Elmer Roman of the Puerto Rican Department of Public Security told Primera Hora in Puerto Rico that the scene was very grave and very regrettable and tragic. While Anthony Maceira, Puerto Ricos Secretary for Public Affairs, wrote in a tweet via Twitter Translate, Unfortunately, the news of a babys accident on a cruise ship is true. Thanks for contacting us. We've received your submission. Accordingly, the defendant owed no duty to warn of itThe true risk-creating danger here was Mr. Anello lifting a child up to an open window. According to NBC News, U.S. District Judge Donald Graham in Florida tossed out the lawsuit after he found that Chloe's grandfather, Salvatore "Sam" Anello, should [] She argues that the cruise lines latest motion neglects to tell the Court and, presumably, the authorities that there were no less than THIRTEEN CCTV video cameras in the area of the incident. Both parents said they declined to watch the CCTV footage. Under the plea agreement, Anello wouldnt serve time behind bars and would serve his probation in Indiana, Winkleman said Wednesday, adding that a hearing in which a judge would consider the plea hadnt been scheduled. By clicking Sign up, you agree to receive marketing emails from Insider Disney Intern Paralyzed From the Neck Down Following Drunk Driver Crash. CHLOE Wiegand's devastated mom broke down as she recalled the moment her stepfather accidentally dropped the 18-month-old from the 11th deck of a cruise ship. Royal Caribbean apparently provided photos that showed Anello knew or should have known about the window being open. Puerto Rican Police Sgt. Based on the record evidence which reveals that the windows . People say she would still be alive if the window was closed, but that's such a bullshit argument because no one else fell from it. A search from the U.S. Coast Guard lasted 45 hours but crews were unable to locate the 37-year-old man. This material may not be published, broadcast, rewritten, or redistributed. Kimberly Wiegand and her husband, Alan Wiegand, were not in the area when the incident happened. The family is surprised and deeply saddened by the courts ruling. Sign up for notifications from Insider! We've received your submission. I think I posted on the other thread there is a possibility he was colorblind. Mr. Anello stays in front of the open window and exposes Chloe to the open window, which was 11 decks high off the ground, with nothing but a concrete pier below, for approximately 34 seconds at which time she unfortunately fell. Anello has repeatedly denied knowing the window was open insisting he picked up Chloe so she could bang on the glass as she would at her older brothers hockey games. I thought there was glass!". He nonetheless lifted the child over the wooden rail and the open window for a considerable period, recklessly endangering her life. The cruise ship has now submitted those videos to the court in response to the lawsuit filed against them. New surveillance video shown to CBS News reveals the final moments before an 18-month-old girl fell to her death off a Royal Caribbean cruise ship. Theyve remained steadfastly by Anellos side during the ordeal, although Anello previously pleaded guilty to negligent homicide in the case. He appeared in court Wednesday and was expected back in court on Dec. 17. Anello wascharged last yearin Puerto Rico with negligent homicide in her death and initially pleaded not guilty. Her parents are trying to blame the cruise ship owners, saying that the windows are dangerous and signs should have been displayed saying that they can be opened. Chloe Wiegand plummeted from the 11th floor of Royal Caribbean's Freedom of the Seas while it was docked in San . A Florida federal judge ruled against the parents of a toddler whose grandfather tragically dropped her from high up on a cruise ship. Someone asked if Chloe had any health issues. He told CBS This Morning in November that he was trying to stand Chloe on the windows railing when she fell out of the window. IMHO that beer gut is what pushed Chloe through the window. Chloe Wiegand's grandfather accidentally dropped the 18-month-old through an open window of the ship docked in San Juan in July 2019. Port Authority spokesman Jose Carmona told CNN that the girl was in the dining hall playing with her grandfather on deck 11 of the ship when the tragedy occurred. He also said he is colorblind and that may be why he didnt realize the tinted window was open. She had been on a family vacation with her parents, two siblings, and two sets of grandparents. A life that belonged on his own show: Born . Notwithstanding, for the reasons stated in this Motion, the Court need not consider the video to find the Complaint should be dismissed for failure to state a cause of action. Join Nancy Grace for her new online video series designed to help you protect what you love most your children. While RCL deeply sympathizes with Plaintiffs and understands why grieving parents may wish to avoid reliving such events, it remains that Plaintiffs brought a lawsuit against RCL over these very events. "It may be hard for some people to believe that the grandpa didn't know that that section of the window was open. Mother sobs at memory of baby's body on dock after she plunged to her death from cruise ship. Chloe Wiegand died because of her grandfather's foolish mistake, not because of the cruise line. GettyFreedom of the Seas pictured in May 2006. The documents allege that Anello was 'unquestionably aware' that the window was open because video shows him leaning out of it right before he picked Chloe up and dangled her from it. Alan and Kim Wiegand are pursuing a federal lawsuit against Royal Caribbean, claiming the cruise line acted negligently when it failed to place a sign that could have warned others that the window was open. #southbend pic.twitter.com/xjyDSgmV8X, South Bend Police (@southbendpolice) July 8, 2019, According to his Facebook page, Salvatore Anello works in IT for St. Joseph County. I told him I did not think I could listen to it. 4. The ship was docked in Puerto Rico at the time of the incident, on July 7, 2019. New surveillance video shown to CBS News reveals the final moments before an 18-month-old girl fell to her death off a Royal Caribbean cruise ship. The grieving mother said it took her three months to speak to him again. GRANGER - Chloe Rae Margaret Wiegand, also known as Coco and Margs, almost 19 months old, tragically passed away while on a family vacation in Puerto Rico this past Sunday, July 7, 2019.Chloe was the Winkleman said Anello's proposed guilty plea in Chloe's death would have "little or no effect at all on the civil lawsuit," noting that Anello . When he arrives at the open window, and while Chloe is on the floor, Mr. Anello leans his upper-torso over the wooden railing and out of the window frame for approximately eight seconds: 3. Royal Caribbean says this still shot from a video shows Anello leaning "over the wooden railing . From my point of view, at the moment the accident happened, it was as if this wall of protective glass disappeared. This is something that was a preventable accidentThese windows are entirely not compliant with the standard for windows on cruise ships.. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! The court documents filed on January 8, 2020, seek dismissal of the lawsuit filed by the toddler's family against Royal Caribbean Cruises that claims they were negligent. The girls parents sued Royal Caribbean in a civil case that is still ongoing. Lawyers for the cruise line asked a judge to consider the fact that the childs parents didnt watch the footage and didnt discuss the incident with Anello for months. 0:00. By, Toddler dies after falling from cruise ship. Video shows Baltimore sergeant getting attacked while maki Dad of crying infant that triggered Texas massacre 'never thought' gunman would shoot, It's not just soda: Nutritionists weigh in on the absolute worst drinks for your health, I'm a dentist you're ruining your teeth with these 4 common mistakes, Gayle King says she doesnt have a desire to retire: I want more work, WNBA star Brittney Griner is heading to the Met Gala, Mariah Carey celebrates Moroccan and Monroes 12th birthday: My babies, NY Post Sports Reporter Zach Braziller breaks down the Knicks game 1 loss to the Heat, Elon Musk Tells Bill Maher Woke Mind Virus Is Dangerous On Real Time, Kendall Jenner rocks sheer top, fur mini skirt for date night with Bad Bunny. 5. As CrimeOnline previously reported, Chloe Wiegand, an 18-month-old toddler from Granger, Indiana, was on a cruise with family when she lost her life aboard Royal Caribbeans Freedom of the Seas cruise ship. In July 2019, one-year-old Chloe Wiegand fell 150 feet to her death after her grandfather Salvatore Anello placed her on a ledge on the 11th floor of the Royal Caribbean Cruises' Freedom of the Seas ship. Chloe Wiegand fell from a Royal Caribbean ship's 11th deck in 2019 after her grandfather held her up. Updated. Being colorblind doesn't does not make one blind. In a statement, the company said, Weve made our Care Team available to assist the family with any resources they need. Anello, who often accompanied Chloe to her brothers hockey games, where she enthusiastically banged on the hockey rink glass panel, said he lifted the girl up at her request while they were in the play area. (I'm not suggesting Chloe had a health issue, though. Olympic snowboard champion Chloe Kim attended a black-tie state dinner at the White House hosted by President Biden in honor of South Korean President Yoon Suk Yeol on Wednesday. Present tense. An Indiana grandfather who pleaded guilty to dropping his granddaughter through an 11th-floor cruise ship window learned his sentencing on Monday, according to officials. You are using an out of date browser. Accordingly, the defendant owed no duty to warn of it," the judge wrote. He said he believed he was lifting Chloe so that she could bang on the glass like at a hockey game. SAN JUAN, Puerto Rico (AP) A grandfather who pleaded guilty to negligent homicide in the fall of his young granddaughter from an 11th-story window of a cruise ship docked in Puerto . "She's sitting on the wooden banister, why did he then lean forward with her?" Royal Caribbean is not responsible for a grandfathers deadly decision to hold his 18-month-old granddaughter up to an open window, a federal judge ruled Tuesday in connection with the tragic 2019 falling death of 18-month-old Chloe Wiegand. Then after grandpas interviews lots of negative comments. READ NEXT: Disney Intern Paralyzed From the Neck Down Following Drunk Driver Crash, Chloe Wiegand Identified as Toddler Who Died Tragically on Cruise Ship, Copyright 2023 Heavy, Inc. All rights reserved. Wonderful, just, would do anything for you. WSVN reports that Satwilkar is the father of three children. Chloe Wiegand was being held by her grandfather Salvatore Anello while the ship was docked in Puerto Rico in July. It may not display this or other websites correctly. Check out never-before-seen content, free digital evidence kits, and much more! SugarPlum, I have no idea why he went on CBS, but is it possible that he is receiving compensation for the interview? Because Mr. Anello had himself leaned out the window, he was well aware that the window is open.. Kimberly Wiegand, the mother of 1-year-old Chloe, was on a cruise with family members when her daughter lost her life aboard Royal Caribbean's Freedom of the Seas [] We will be filing the appeal shortly and we will continue to fight and raise awareness about the dangers of unintentional toddler window falls. Just saying I know of parents purchasing policies. 0:00. The following argument was filed by Royal Caribbean Cruises and comes directly from the court documents filed on January 8, 2020 in the United States District Court of Southern Florida. "The family is surprised and deeply saddened by the court's ruling. Hes not a party to that case and therefore it is not relevant, Winkleman said. The video contradicts Plaintiffs' version of events and leaves no room to . Defense attorney Michael Winkleman has said Anello would serve probation in his home state. If it was 'obtained exclusively by Daily Mail", it is possible that it was sold to them. Is twitter not allowed on this thread? "Rather, this is a case about an adult man, Chloes step grandfather who, as surveillance footage unquestionably confirms: (1) walked up to a window he was aware was open; (2) leaned his upper body out the window for several seconds; (3) reached down and picked up Chloe; and (4) then held her by and out of the open window for thirty four seconds before he lost his grip and dropped Chloe out of the window. Prosecutors have charged Anello with negligent homicide. November 21, 2019 / 7:26 AM / CBS News. Carmona said one window pane to the hall was open and Wiegands grandfather sat the girl in the window. The only reasonable conclusion from the video is that Mr. Anello knew the window was open before picking up Chloe. He nonetheless lifted the child over the wooden rail and the open window for a considerable period, recklessly endangering her life. Because Mr. Anello had himself leaned out the window, he was well aware that the window was open. Royal Caribbean has been cleared of wrongdoing following a lawsuit brought on by the parents of Chloe Wiegand, a toddler who lost her life aboard the cruise ship. I found a tw it ter account for a family member and it is interesting to see the comments. The Daily Mail published a new photo of Chloe a couple of days ago and they said " This is the final haunting photo of tragic Chloe Weigand The bitter-sweet image obtained exclusively by DailyMail.com". Kimberly Wiegand also reportedly admitted that she blamed the cruise line for the incident before discussing anything with Anello. In an order filed Wednesday, U.S. District Senior Judge Donald L. Graham agreed that Royal Caribbean's decision to destroy footage rather than handover to the toddler's parents was done in bad faith to deprive . IndyStar. Anello also is facing criminal charges in Puerto Rico, where prosecutors have charged him with negligent homicide in the tots death. An Indiana man charged in his young granddaughtersfatal fall from a cruise ships open windowin Puerto Rico agreed to plead guilty in her July 2019 death, explaining that he was doing so to try to help end part of this nightmare for my family.. I saw her under a sheet and I could see Sam by the window. At no time did I not think that there was a protective wall of glass around me. Chloe's grandfather, Salvatore Anello, has been charged in Puerto Rico with negligent homicide. A man attorneys said is Anello is seen following her. There's no warning, no nothing," Winkleman said. Wiegand was just 18 months old when her grandfather, Salvatore Anello, held her up to an 11th-deck window on the Freedom of Seas crew ship and she fell to her death. As CrimeOnline previously reported, Chloe Wiegand, an 18-month-old toddler from Granger, Indiana, was on a cruise with her family when she lost her life aboard Royal Caribbean's Freedom of the Seas [] GF is a piece of work! Similarly, Plaintiffs were not aware that Mr. Anello held Chloe by the open window, which was flanked by tinted and reflective glass and open to the outside light, air and noise, for thirty four seconds.. In his Tuesday decision, Graham argued that Anello was to blame for the toddler's death, not the cruise line. 1:31. Nelson Sotelo told the Associated Press that the extended Wiegand and Anello families will remain on the island until the investigation is complete. Chloe died after falling from the 11th floor and landing on the hard, concrete surface of the Pan American dock. Stay up to date with what you want to know. He insists he's colorblind and didn't know the 11th floor window in the children's play area was open. According to officials in the U.S. territory, Chloe Wiegand was 18 months old at the time of her death. Not unusual for premies, and don't know what if any issues remained as a toddler. Kimberly Wiegand, the mother of 1-year-old Chloe, was on a cruise with family members when her daughter lost her life aboard Royal Caribbeans Freedom of the Seas cruise ship. This case was always about Chloe and shining a light on her brief but beautiful life.". I have a question, apparently hes done an interview (I havent seen it yet) where hes quoted as saying. "I think it's pretty obvious why they leaned forward, and that would be so that you could get a better view," Winkleman said. The cruise line indicated that video footage showed Anello leaning over the ledge at the window and looking out before he picked his granddaughter up and held her by it. 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 outlet. He lost his balance which caused Wiegand to fall. Chloe's parents filed a wrongful death lawsuit against Royal Caribbean Cruises in December 2019, claiming the company violated industry standards by failing to provide reasonably safe windows in an area where children play on the ship. Little Chloe Wiegand pictured on her father's Facebook page. The ship will return to Puerto Rico on July 14. Within minutes, Chloe fell. 2019 CBS Interactive Inc. All Rights Reserved. If this were a problem, we would have colorblind people walking through glass doors all the time. Michael Winkelman, an attorney for Chloe Wiegand's parents, told Insiderthat they planned to appeal. When speaking to Primera Hora, Elmer Roman said that Wiegand hit an awning after she fell before landing on the pavement. 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. Anellos conduct. One of the voices to emerge in the last week belongs to Dr. Marcel Alexander Armand Van Drunick, the cruise ship doctor who . The support they continue to give me has been beyond overwhelming and I cant tell you how grateful I am for them.. There was no hidden danger Mr. Anello knew the window was open.. And as these photographs and the photos included in the Complaint show, the window was several feet off the deck. Chloe Wiegand is the toddler who was dropped by her grandfather, Salvatore Anello, on board a Royal Caribbean ship to her death, authorities in Puerto Rico said. She was playing with her grandfather, Salvatore Anello, in the childrens H2O Zone childrens water park when she fell from an open window. Within five seconds Chloe falls more than 100 feet below. According to officials in the U.S . This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Speaking to WSBT, Anellos supervisor said, Well Sal works in the IT department, hes a very valuable employee. Begnaud asked Winkleman. I was in complete disbelief, Anello said in Wednesdays statement. Royal Caribbean Cruises has said in court filings that surveillance video shows that Anello leaned out an 11th-floor window in a childrens play area on the ship for about eight seconds before he lifted his granddaughter to the window. A week before the civil trial was to begin, Graham tossed the lawsuit. Speaking to WSBT, The tragedy occurred on board the Freedom of the Seas ship at the Panamerican dock on July 7. I thought there was glass! Chloe Wiegand died in 2019 after falling 150 feet through an open window on the cruise ship. Get browser notifications for breaking news, live events, and exclusive reporting. Richard Tribou/Orlando Sentinel/Tribune News Service/Getty. The video shows what appears to be 18-month-old Chloe cross over to the side of the ship and stand in front of a bank of windows. The entire ship had a wall of glass in an open-aired area. The tots family has taken legal action against the cruise line, arguing that the company failed to protect her and other vacationers from potentially dangerous open windows while the ship was docked in San Juan, Puerto Rico. Witnesses say she was taking a selfie during rough seas when she plunged overboard. Not sure what else the motivation would be of someone giving it to the tabloid. The Indiana couples lawyer told the UK tabloid they planned to appeal, within minutes of the decision. Royal Caribbean did not immediately respond to a request for comment. Harrowing footage showing the moments before toddler Chloe Wiegand fell to her death while on-board a Royal Caribbean cruise ship has been released by Puerto Rican TV show La Comay. First published on November 21, 2019 / 7:26 AM. In addition, the windows in question consist of greenish-tinted glass making it open and obvious where a window is open versus closed. 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 Defendants vessel, Graham wrote. The ship was docked in Puerto Rico at the time of the incident, on July 7, 2019. ", After Chloe fell out of the window, Anello drops to his knees, according to Winkleman, and he yelled out loud, "I just dropped my child. Individually and as Personal Representatives of the Estate of Chloe Wiegand, deceased minor, Plaintiff, v. ROYAL CARIBBEAN CRUISES LTD., Defendant. Newly surfaced video shows the grandfather of 18-month-old Chloe Wiegand pop his head out of a cruise-ship window and then dangle her over its ledge . Authorities say a toddler apparently slipped from her grandfathers hands and fell to her death from a cruise ship docked in Puerto Rico. His actions, which no reasonable person could have foreseen, were reckless and irresponsible and the sole reason why Chloe is no longer with her parents., READ | Grandfather thought window was closed before Indiana toddler fell from cruise ship | Indiana toddler dies after falling from cruise ship. But security footage shared in the case showed Anello poking his head out of the window before lifting Chloe up to the open air. He leaned over behind her and she slipped off the narrow window sill with the metal track. JavaScript is disabled. The stunning video shows grandfather Salvatore Anello, clad in a dark shirt, put his head out the window for 8 seconds before picking up Chloe in her white sunhat from the floor, according to court papers filed by Royal Caribbean in a bid to dismiss the Wiegand familys lawsuit over the tots July death. Security footage of Anello popping his head out of the window, before lifting Chloe up and holding her outside for about 34 seconds before she fell, appeared to contradict his claim. Royal Caribbean said the video shows Anello then lifting his granddaughter over the wooden rail to the open window, holding her within dangers reach for approximately 34 seconds at which time she unfortunately fell. The family of a little girl who died in a fall from the 11th floor of a cruise ship will sue Royal Caribbean and call for safer windows on luxury ocean liners.

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