Claim:Video Shows Grandpa Knew Window Open Before Toddler Dropped Overboard

Claim-Video Shows Grandpa Knew Window Open Before Toddler Dropped Overboard
Claim-Video Shows Grandpa Knew Window Open Before Toddler Dropped Overboard

Claim: Video Shows Grandpa Knew Window Open Before Toddler Dropped Overboard – The documents in case of Wiegand et al v. Royal Caribbean Cruises Ltd. which was filed by Royal Caribbean Cruise Line, claim grandpa Salvatore Anello knew the window was open before grand-daughter Chloe Rae Margaret Wiegand was held outside the window and ultimately fell to her death. The event captured on two separate video surveillance cameras (see video below), which were previously unreleased.  Royal Caribbean Cruise Line has now submitted those videos to the court in response to the lawsuit filed against them.

Royal Caribbean says, “the video contradicts the Plaintiffs’ version of events and leaves no room to dispute any fact about the incident. 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.”

Case History:

On Sunday, July 7, 2019, about 4:30 p.m, South Bend Indiana Police officer Alan Wiegand and his wife Kimberly were departing San Juan, Puerto Rico aboard Royal Caribbean Cruise Line ship Freedom of the Seas, when their 1-and-a-half-year-old toddler daughter Chloe Rae Margaret, fell, plunging 150 feet to her death.

Anello insists he’s colorblind and didn’t know the 11th-floor window in the children’s play area was open. He said he believed he was lifting Chloe so that she could bang on the glass-like at a hockey game.

On Monday, October 28, 2019, Puerto Rico’s Justice Department ordered the arrest of Chloe’s grand-father  Salvatore Anello.  Anello faces a charge of negligent manslaughter in the death of his grand-daughter, Chloe Wiegand. Anello says that he placed Chloe near an open window he thought was closed when her family said she fell out of the ship’s 11th story in July. The San Juan judge “found cause for arrest against the accused, and imposed a bail of $80,000,” the governor’s office said.

On Monday, January 17, 2020, the Wiegand’s filed a motion to Strike. The Motion to Strike states,

“Herein, Royal Caribbean has not provided this Honorable Court or Plaintiffs with any information as to the sources of the footage, let alone information establishing that they are from “sources whose accuracy cannot reasonably be questioned[,]” as required by Federal Rule of Evidence 201. Without such information, it would be improper to review the video footage in ruling on Royal Caribbean’s Motion to Dismiss, and therefore, the Plaintiffs respectfully request that the Court strike such footage from the Court’s docket.

Details as to the Enhancement Royal Caribbean readily admits that it enhanced the video footage. Indeed, in its Motion for Leave to Conventionally File Video Footage [D.E. 8], Royal Caribbean states as follows concerning the five files it conventionally filed: The first two files contain footage from two cameras and in its original format. To view, the Court will need to download software containing a proprietary videoplayer that RCL is including in the Flash Drive (upon request, undersigned can also provide a laptop computer with the proprietary software already installed). The second and third files contain identical footage in higher resolution. The fifth file contains a side-by-side view of the two higher resolution videos.

Royal Caribbean responded,  “This is not a case of an unknowing child approaching an open window and falling out because the window was defective or improperly positioned,” the court documents read. “Rather, this is a case about an adult man, Chloe’s 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. 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.”

The case continues,  awaiting the ruling by Judge Donald L. Graham.

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