Begnaud asked. The surveillance video appears to show Anello look over the railing for one second. He said, no. IndyStar. Royal Caribbean was under no duty to warn about the open window where Salvatore "Sam" Anello placed 18-month-old Chloe Wiegand.. From the ruling by U.S. District Judge Donald L. Graham:. US District Court Judge Donald Graham of the Southern District of Florida threw out the lawsuit filed by Wiegand's parents on Tuesday before it could go to trial in Florida. 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. I have a question, apparently hes done an interview (I havent seen it yet) where hes quoted as saying. Chloe Aftel for The New York Times. Photo: WSVN reports that Satwilkar is the father of three children. So all you have is Sam's testimony, his story and the video. Chloe Wiegand was only 18 months old when she fell to her death from the open window of the cruise ship stationed in Puerto Rico. It may not display this or other websites correctly. Theyve remained steadfastly by Anellos side during the ordeal, although Anello previously pleaded guilty to negligent homicide in the case. Her memorial said that she weighed 4 lbs 6 oz at birth, that she spent time in neonatal intensive care and that she met a number of health challenges. I'm not buying this latest excuse for SA's reckless actions. US District Judge Donald Graham ruled Tuesday that Royal Caribbean was ultimately not responsible for the death of 18-month-old Chloe Wiegand, who died in July 2019 after plunging 11 stories through the open window of a children's . 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. He said Chloe slipped from his grip and her death was an accident. "The family is surprised and deeply saddened by the court's ruling. A newly-released deposition video obtained by MailOnline shows Chloe Wiegand's mother emotionally distraught as she relives the day her toddler daughter died aboard a Royal Caribbean cruise ship. The tragedy occurred on board the Freedom of the Seas ship at the Panamerican dock on July 7. You can still tell the difference in light or dark shades. US District Court Judge Donald Graham of the Southern District of Florida threw out the lawsuit filed by Wiegand's parents on Tuesday before it could go to trial in Florida. 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. Wonderful, just, would do anything for you. By their own admission, Plaintiffs have never seen the video footage of the incident or even discussed the details of the incident with Mr. Anello, the only known eyewitness. There is something going on with how this story is being handled at the Daily Mail. I wasnt drinking and I wasnt dangling her out of a window, he previously said. Royal Caribbean has premised its defense in this case and its blame on Chloes 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. Give Light and the People Will Find Their Own Way, Indianapolis, IN Interactive Weather Radar. Accordingly, the Defendant owed no duty to warn of it, the judge continued. There was no hidden danger Mr. Anello knew the window was open. Chloe Wiegands parentssued Royal Caribbean in December, accusing the operator of negligence in her death by allowing the 11th-floor window in the ships childrens play area to be open. News North Sports Indy 500 Things To Do Opinion Obituaries . 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.. Chloe Wiegand fell to her death in July after her grandfather lifted her to the window on Royal Caribbean's Freedom of the Seas ship while the vessel docked. Winkleman said Anellos proposed guilty plea in Chloes death would have little or no effect at all on the civil lawsuit, noting that Anello is not a party to that case. In a videotaped deposition, Anello recounted his version of the disaster, the Mail reported. I had my hands on her the whole time.. I dont think I can watch that, Im sorry, Kimberly said. I wasnt drinking and I wasnt dangling her out of a window. 0:00. He nonetheless lifted the child over the wooden rail and the open window for a considerable period, recklessly endangering her life. / CBS News. How did he know that there was glass?" Judge Graham ruled that Anello, who is reportedly in his early 50s, should have literally used his senses. As far as a possible life insurance policy, I've heard of parents buying them for children with suspected health conditions. 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. 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 [] 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. "It may be hard for some people to believe that the grandpa didn't know that that section of the window was open. Chloe Wiegand's family sues Royal Caribbean over toddler's cruise ship death Video of toddler's fatal cruise ship fall may help decide grandfather's fate 'She slipped': Grandfather speaks on . Thanks for contacting us. During the deposition, however, Kimberly admitted that she initially screamed at her stepfather, Anello, and accused him of killing his granddaughter. United States District Court for the Southern District of Florida, NOW WATCH: The world's largest cruise ship just landed in Miami here's what it's like on board. According to officials in the U.S. territory, Chloe Wiegand was 18 months old at the time of her death. 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. The Freedom of the Seas, the world's largest cruise ship, docked on April 24, 2006 in Hamburg, Germany. I just cannot see how the cruise line is to blame. The Miami Herald identified the missing man as Gaffar Satwilkar. A man attorneys said is Anello is seen following her. PUERTO RICO In response to a lawsuit filed by the family of an Indiana toddler who fell to her death from a cruise ship last year, Royal Caribbean Cruises claims security video shows that the girl's grandfather knew the window was open when he picked her up and dangled her out of it. Royal Caribbean apparently provided photos that showed Anello knew or should have known about the window being open. People say that the DM is pay-for-play, that you can pay to have a story published and you can pay to have it moderated to favor a particular position. 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 . The ship was docked in Puerto Rico at the time of the incident, on July 7, 2019. 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. 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. #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. From my point of view, at the moment the accident happened, it was as if this wall of protective glass disappeared. 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. "What do you say to the fact that he raised her and put her on this banister which the cruise line might argue was not meant for young children to be sitting on?" A Florida federal judge ruled against the parents of a toddler whose grandfather tragically dropped her from high up on a cruise ship. I think I posted on the other thread there is a possibility he was colorblind. Kimberly Wiegand has maintained that the cruise ship is responsible for her daughters death for allegedly failing to warn passengers about an open window. If Grandpa is really color blind, and that's what caused him to think the window was closed, why didn't that come out from the start? Chloe Wiegand's parents sued Royal Caribbean in December, accusing the operator of negligence in her death by allowing the 11th-floor window in the ship's children's play area to be open. It was a nightmare of the likes I could never have imagined before. The support they continue to give me has been beyond overwhelming and I cant tell you how grateful I am for them.. Dr. Marcel Alexander Armand Van Drunick, the on board doctor for the ship, gave a witness statement describing finding Chloe Wiegand's body on July 7 on the dock in San Juan, Puerto Rico. 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, the papers say, according to WTHR. Mother sobs at memory of baby's body on dock after she plunged to her death from cruise ship. The entire ship had a wall of glass in an open-aired area. She was playing with her grandfather, Salvatore Anello, in the childrens H2O Zone childrens water park when she fell from an open window. Salvatore Sam Anello, of Valparaiso, Indiana, had pleaded guilty in the case in October 2020. Please enter valid email address to continue. He appeared in court Wednesday and was expected back in court on Dec. 17. Her grandfather was holding her at the time while the ship was docked in Puerto Rico. Hes not a party to that case and therefore it is not relevant, Winkleman said. Chloe died after falling from the 11th floor and landing on the hard, concrete surface of the Pan American dock. We pray the Lord to fill with strength this family who are living a true tragedy today.. (ECF No. Chloe Wiegand fell from a Royal Caribbean ship's 11th deck in 2019 after her grandfather held her up. The couple live in San Francisco and married in November . The parents of Chloe Wiegand, the toddler who died from a cruise ship fall, is calling for for safer windows on luxury ocean liners. His brother told WSVN that his family are not giving up hope of finding the missing man. As if his brain hasnt accepted the death. Chloe Wiegand's mother Kimberly sobbed as she recalled seeing her 18 month-old daughter's corpse . Sign up for notifications from Insider! ", 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. The Plaintiffs have provided no evidence showing the Defendant was on notice of that danger.. If so, that would be the motivation to do it. He is from Valparaiso, Indiana, while the rest of the family is from Granger, Indiana. And as these photographs and the photos included in the Complaint show, the window was several feet off the deck. 5. "She's sitting on the wooden banister, why did he then lean forward with her?" The documents filed by Royal Caribbean claim Anello's actions were captured on two separate video surveillance cameras, which were previously unreleased. The Wiegand familys attorney, Michael Winkleman, previously saidthat the Freedom of the Seas ship didnt meet industry safety standards. For Tonya Yan, 32, and Linh Yan, 27, creating a prenuptial agreement was a simple and easy decision. Wiegands mother is Kimberly Schultz Wiegand. 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. There was no "hidden danger" Mr. Anello knew the window was open. The true risk-creating danger here was Mr. Anello lifting a child up to an open window, federal Judge Donald Graham wrote, as he absolved the cruise liner of liability. We've received your submission. He insists he's colorblind and didn't know the 11th floor window in the children's play area was open. Begnaud asked Winkleman. 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. rather than creating a tremendous safety hazard that cost our child her life." 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 . This case was always about Chloe and shining a light on her brief but beautiful life.". She had been on a family vacation with her parents, two siblings, and two sets of grandparents. A message seeking comment on Anellos plea agreement was left Wednesday with a spokeswoman for Royal Caribbean Cruises. Read Wiegand v. Royal Caribbean Cruises Ltd., 473 F. Supp. Royal Caribbean did not immediately return Insider's request for comment. Next, Mr. Anello leans down and picks Chloe up, lifting her over the wooden rail towards the open window located several feet off the deck: 6. Based on the record evidence which reveals that the windows . The parents of the toddler alleged that poorly designed windows and a lack of warning notices were responsible for their daughters fall from a Freedom of the Seas cruiser as it docked in Puerto Rico. ' -Kimberly Wiegand. If an 18 month old child fell to her death because a caregiver sat or stood her on an apartment balcony railing would anyone be taking the side of the caregiver? After the accident, I remember Kim getting there and screaming, Why would you have a window open? And thats the first time I realized it was like a window and not just like a missing pane of glass, he told the court, according to the article. A search from the U.S. Coast Guard lasted 45 hours but crews were unable to locate the 37-year-old man. Mr. 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 [] 1:23. 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. 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 . There's no warning, no nothing," Winkleman said. Anello reached out in front of him and felt no glass in the window opening before extending the Decedent out to the window opening, Graham ruled. Anello was sentenced to three years probation in February after pleading guilty to negligent homicide in his granddaughter's death. 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. I had confirmed wrongly in my mind that there was glass, he reportedly said. 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. It had been due to depart at 8:30 p.m. local time on the day of the tragedy. Kimberly Wiegand and her husband, Alan Wiegand, were not in the area when the incident happened. There's no sign that says that. 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.. The only reasonable conclusion from the video is that Mr. Anello knew the window was open before picking up Chloe. Carmona said one window pane to the hall was open and Wiegands grandfather sat the girl in the window. Chloe Wiegand died because of her grandfather's foolish mistake, not because of the cruise line. Updated. Chief Ruszkowski asks the community to pray for the entire Wiegand family as they grieve and to respect their privacy. The chief also disputed the story that Wiegand was held out of a window. I saw her under a sheet and I could see Sam by the window. 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. Royal Caribbean has been cleared of wrongdoing in the 2019 falling death of toddler Chloe Wiegand, court documents show. 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. Anello, 51,has insisted that he did not know the window was openwhen he lifted Chloe up to it, saying he did so to allow her to bang on the glass like she did at her brothers hockey games. GettyFreedom of the Seas pictured in May 2006. The video, which has not been released publicly, will be a key piece of evidence in the criminal trial, CBS News correspondent David Begnaud reports. Top editors give you the stories you want delivered right to your inbox each weekday. 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. The last 2 stories have had all of the replies moderated. Copyright 2020 Scripps Media, Inc. All rights reserved. At no time did I not think that there was a protective wall of glass around me. "I think it's pretty obvious why they leaned forward, and that would be so that you could get a better view," Winkleman said. Anello then picked Chloe up and lifted her "over the wooden rail towards the open window," it says. If it was 'obtained exclusively by Daily Mail", it is possible that it was sold to them. Puerto Rican Police Sgt. I don't understand why the words tweet and retweeted are being broken up as if to bypass a filter. This case was always about Chloe and shining a light on her brief but beautiful life., U.S. District Court Southern District of Florida, 2023 NYP Holdings, Inc. All Rights Reserved, Family heartbroken as search called off for cruise passenger who fell overboard near Hawaii, Royal Caribbean cruise ship passenger goes overboard on trip to Hawaii, Magician tackled onstage by guest during Royal Caribbean cruise show, Royal Caribbean cruise ship rescues 17 Cuban migrants spotted on tiny boat. Chloe Wiegand's grandfather accidentally dropped the 18-month-old through an open window of the ship docked in San Juan in July 2019. There was no hidden danger Mr. Anello knew the window was open.. Investigators say the girl slipped from Anellos hands and plummeted to her death. Alan and Kim Wiegand, Chloe's parents, filed the lawsuit against the cruise line in December 2019, alleging Royal Caribbean was negligent through its lack of warning signs and safety precautions . You are using an out of date browser. 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. Because Mr. Anello had himself leaned out the window, he was well aware that the window is open.. The family hails from Indiana. Anello was aboard the Royal Caribbean Cruises Freedom of the Seas ship with family in July 2019 when the death occurred. 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 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 has said he did not know the window in the childrens play area was open and that he lifted 18-month-old Chloe Wiegand up to it so she could knock on the glass as she had done at her brothers hockey games. I said You killed Chloe! He said, I know. Sgt. Not unusual for premies, and don't know what if any issues remained as a toddler. 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. 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. 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 contradicting his claim that he didnt know the window was open before she fell to her death, new court papers allege. Winkleman said Anellos decision to agree to plea guilty is in the best interests of the family so that they can close this horrible chapter and turn their focus to mourning Chloe., Winkleman said the family would also be focusing on fighting for cruise passenger safety by raising awareness about the need for all common carriers to adhere to window fall prevention laws designed to protect children from falling from windows.. 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". Chloe Wiegand . 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. 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. 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. as well as other partner offers and accept our. He also said his colorblindness prevented him from distinguishing between glass and free air, according to The Daily Mail. 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. 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. The only reasonable conclusion from the video is that Mr. Anello knew the window was open before picking up Chloe, the court papers say. He leaned over behind her and she slipped off the narrow window sill with the metal track. I thought there was glass!". Chloe's grandfather, Salvatore Anello, has been charged in Puerto Rico with negligent homicide. She was playing with her grandfather, Salvatore Anello, in the childrens H2O Zone childrens water park when she fell from an open window. Individually and as Personal Representatives of the Estate of Chloe Wiegand, deceased minor, Plaintiff, v. ROYAL CARIBBEAN CRUISES LTD., Defendant. Is is possible that is happening with this story? Nelson Sotelo told the Associated Press that the extended Wiegand and Anello families will remain on the island until the investigation is complete. Prosecutors have charged Anello with negligent homicide. JavaScript is disabled. A week before the civil trial was to begin, Graham tossed the lawsuit. Powered by. 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. A judge said the grandfather should have known he was holding Chloe to an open window. A reasonable person through ordinary use of his senses would have known of the dangers associated with Mr. Anellos conduct. Facebook/Alan Wiegand According to NBC News, U.S. District Judge Donald Graham in Florida tossed out the lawsuit finding that Anello should have known there was an open window on the vessel. Speaking to WSBT, IMHO that beer gut is what pushed Chloe through the window. He then reaches down, picks Chloe up and appears to hold her over the railing. 2023 NYP Holdings, Inc. All Rights Reserved, Family 'heartbroken' as search called off for cruise passenger who fell overboard near Hawaii, Royal Caribbean cruise ship passenger goes overboard on trip to Hawaii, Magician tackled onstage by guest during Royal Caribbean cruise show, Royal Caribbean cruise ship rescues 17 Cuban migrants spotted on tiny 'boat', taken legal action against the cruise line. In his Tuesday decision, Graham argued that Anello was to blame for the toddler's death, not the cruise line. Winkleman said Anello didn't realize there was no glass directly in front of him. Access your favorite topics in a personalized feed while you're on the go. Kim, who is first . Out of respect for their privacy, we do not plan to comment further on the incident. The ship left Puerto Rico on July 8 and was headed to St. Maarten on a new itinerary, according to SeaScanner. The parents buy it in case a pre-existing condition prevents the child from qualifying for a policy later as a adult. Suspending a search is one of the most difficult decisions we have to make as first responders, and it is never made lightly.. 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.. Her parents sued the cruise line. 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So the last 2 stories, one by Winkleman about the video, and one with the CBS tape, have only shown a couple hundred replies each, most expressing great sympathy for the step grandfather with a much smaller number saying that the cruise line is not at fault. Royal Caribbean has been cleared of wrongdoing in the 2019 falling death of toddler Chloe Wiegand, court documents show. 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. 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 Rico was sentenced Monday to three years probation, according to justice officials. 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. "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. On July 4, a crew member on board the Carnival Victory ship fell overboard 30 miles northwest of Cuba. Authorities say a toddler apparently slipped from her grandfathers hands and fell to her death from a cruise ship docked in Puerto Rico. According to officials in the U.S . There was a railing about a foot from the windows, Michael Winkleman, the Wiegand family's attorney said. He lost his balance which caused Wiegand to fall. When speaking to Primera Hora, Elmer Roman said that Wiegand hit an awning after she fell before landing on the pavement. Salvatore Sam Anello, who was holding Chloe Wiegand when she slipped from his grasp and fell about 150 feet to her death from anopen 11th-floor windowon Royal Caribbean Cruises ship, filed change of plea documents Monday in a Puerto Rico court in which he agreed to plead guilty to a negligent homicide charge in the 18-month-olds death, said the familys attorney, Michael Winkleman.

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