Cruise: Grandpa Leaned Out of the Window Before Falling Girl - WSVN 7News

Andrew Cummings
January 19, 2020

According to a lawsuit filed by the family in December, the toddler wanted to bang on the window glass, like when she does while attending her brother's hockey games.

Winkleman also said there was a significant enough distance between the railing and the window so that Anello, who is seen leaning over the railing in the video before Chloe fell, wouldn't necessarily have known it was open.

Royal Caribbean cruise line has responded to a lawsuit filed by the family of Chloe Wiegand, the Michiana toddler who fatally fell from a cruise ship window in July. Moments later, he picked up his 18-month-old step-granddaughter and leaned her up against the opening before losing his grip.

Royal Caribbean Cruises' filing in US District Court in Miami comes in response to a lawsuit the parents of Chloe Wiegand filed in December, accusing the operator of negligence in her death by allowing an 11th floor window in the ship's children's play area to be open.

Royal Caribbean says the "only reasonable conclusion from the video" is that Anello knew the window was open before lifting Chloe over the wooden rail and holding it by the open window for "a considerable period", putting thus "dangerously endangering his life".

He holds Chloe for roughly 34 seconds before dropping his grip over her.

"Because Mr. Anello had himself leaned out the window, he was well aware that the window was open", the motion said.

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

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

The tot's family has taken legal action against the cruise line, arguing that the company failed to protect her and other vacationers from potentially risky open windows while the ship was docked in San Juan, Puerto Rico. Prosecutors allege Anello "negligently exposed the child to the abyss through a window on the 11th floor", according to a statement from the Puerto Rico Department of Justice obtained by PEOPLE.

"Royal Caribbean has premised its defense in this case and its blame on Chloe's grandfather by supplying two deceptive views from its CCTV cameras to the court and the Puerto Rico authorities", lawyer Jacqueline Garcel told the outlet in a statement.

The documents filed by Royal Caribbean claim Anello's actions were captured on two separate video surveillance cameras, which were previously unreleased. That inspection has revealed that Royal Caribbean's Movement to Dismiss neglects to inform the Courtroom and, presumably, the authorities that there have been at least THIRTEEN CCTV video cameras within the space of the incident. 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 court to compel Royal Caribbean to produce all videos from these nearby cameras. "Had Royal Caribbean merely abided by business requirements created to guard toddlers, this tragedy wouldn't have occurred".

Other reports by iNewsToday