Royal Caribbean: Chloe Weigand's Grandfather Knew Window Was Open Before Dropping Her

Royal Caribbean Cruises in the United States District Court of Southern Florida

He says the youngster, from South Bend in IN, loved banging on glass at her brother's ice hockey games, and gestured to be lifted up onto a ledge so she could bang what he believed to be another glass pane.

The family of Chloe Wiegand, the 18-month-old IN girl who fell to her death from the 11th storey of a cruise ship IN Puerto Rico, supplied this photo of the scene inside the Freedom of the Seas.

The cruise line said in court documents that it has surveillance footage showing Anello leaning out of the window then reaching down to pick up Wiegand, then holding her up to it.

In a motion to dismiss the suit filed January 8 and obtained by PEOPLE, Royal Caribbean, citing a closed-circuit video taken of the accident, claimed Anello knew the window was open. Moments later, he picked up his 18-month-old step-granddaughter and leaned her up against the opening before losing his grip.

"This is not a case of an unknowing child approaching an open window and falling out because the window was defective or improperly positioned".

Royal Caribbean is seeking to dismiss a civil lawsuit filed by the family of Chloe Wiegand, claiming that her grandfather was "well aware" that the 11th-floor window was open before the IN toddler's fatal fall.

Anello later claimed that his colorblindness may have been a contributing factor in the heartbreaking incident, leaving him unable to distinguish between the ship's tinted windows and the open windows.

"The Wiegands are in the process of responding to Royal Caribbean's Motion to Dismiss".

He and the rest of the family blame the cruise ship for leaving the window open. He told CBS This Morning in November that he was trying to stand Chloe on the window's railing when she plunged from the open window.

Michael Winkleman, an attorney for the Wiegands, has since called Royal Caribbean's motion to dismiss "baseless".

Royal Caribbean said in its court motion that "the death of Chloe Wiegand is a sad tragedy", but grandfather is exclusively responsible.

A federal judge is yet to rule on Royal Caribbean's motion to dismiss but a status conference is scheduled for March.

Anello is facing a criminal charge of negligent homicide and when he last appeared in a San Juan courtroom in December, he made it clear that he does not want to take a plea deal. That inspection has revealed that Royal Caribbean's Motion to Dismiss 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.

The documents filed by Royal Caribbean claim Anello's actions were captured on two separate video surveillance cameras, which were previously unreleased. However, the applicants were first authorized to inspect a vessel at the scene of the incident on January 10 - less than a week after Royal Caribbean first informed the Wiegands that they were making changes to the ship that would destroy the area of the incident.

"The Wiegands will ask the Courtroom to compel Royal Caribbean to supply all of the video from these close by cameras. Had Royal Caribbean simply abided by industry standards for window safety, created to protect toddlers, this tragedy would not have occurred".



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