Toddler Death Law Suit Update

[TNcruising02]

It wasn't simply the grandfather not paying attention.  He physically took her from a safe position and put her in an unsafe and very dangerous position.  His actions made it happen.

[RocketMan275]

15 hours ago, TNcruising02 said:

I would much rather see a kid on a leash than a kid running wild with their parent or guardian paying no attention to them.  

My mother put me on a leash when I was about four yeas old.  That was a sign she wanted to protect me from harm when we went to town.  At the slightest opportunity I would bolt the area.  She once caught up to me a block away.  That's when she bought the leash.  And, no, just holding my hand didn't work.  Not on a shopping trip.  Open the purse to make a payment.  I was gone.

[A&L_Ont]

2 minutes ago, RocketMan275 said:

My mother put me on a leash when I was about four yeas old.  That was a sign she wanted to protect me from harm when we went to town.  At the slightest opportunity I would bolt the area.  She once caught up to me a block away.  That's when she bought the leash.  And, no, just holding my hand didn't work.  Not on a shopping trip.  Open the purse to make a payment.  I was gone.

your CC user name seems very appropriate.

Edited February 15, 2020 by A&L_Ont

[RocketMan275]

Just now, A&L_Ont said:

your CC users name seems very appropriate.

Did i mention the time I tried to rope a bull when I was four?

When I examine my life, I'm lucky to have reached puberty.

[A&L_Ont]

2 minutes ago, RocketMan275 said:

Did i mention the time I tried to rope a bull when I was four?

When I examine my life, I'm lucky to have reached puberty.

living on a farm, with at one time having over 100 head of cattle and 3 2,400lbs bulls, I can confirm that you are 100% correct. 

[TNcruising02]

29 minutes ago, RocketMan275 said:

My mother put me on a leash when I was about four yeas old.  That was a sign she wanted to protect me from harm when we went to town.  At the slightest opportunity I would bolt the area.  She once caught up to me a block away.  That's when she bought the leash.  And, no, just holding my hand didn't work.  Not on a shopping trip.  Open the purse to make a payment.  I was gone.

Hence the screen name RocketMan.  🤣

[trey420]

45 minutes ago, TNcruising02 said:

It wasn't simply the grandfather not paying attention.  He physically took her from a safe position and put her in an unsafe and very dangerous position.  His actions made it happen.

That may be true but I don't think it was done on purpose.  Do you thin he intentionally put the kid in harm's way?  I don't know gramps at all but I will assume he did not.  His claim is he thought there was a window there.  For me he did not pay close attention to the fact there was no window.  

[TNcruising02]

4 minutes ago, trey420 said:

That may be true but I don't think it was done on purpose.  Do you thin he intentionally put the kid in harm's way?  I don't know gramps at all but I will assume he did not.  His claim is he thought there was a window there.  For me he did not pay close attention to the fact there was no window.  

Yes, I think he intentionally put her in harm's way. I do not think he intentionally dropped her.  He obviously did not feel like he was putting her in harm's way, but he did.  He did something anyone who cared about the safety of the child would never do. He knew there was no window there because he is on video leaning with his head over the railing before he put Chloe there.

Edited February 15, 2020 by TNcruising02

[Two Wheels Only]

7 minutes ago, trey420 said:

That may be true but I don't think it was done on purpose.  Do you thin he intentionally put the kid in harm's way?  I don't know gramps at all but I will assume he did not.  His claim is he thought there was a window there.  For me he did not pay close attention to the fact there was no window.  

 

Have you seen the surveillance videos?

[libertybelle41]

1 hour ago, TNcruising02 said:

It wasn't simply the grandfather not paying attention.  He physically took her from a safe position and put her in an unsafe and very dangerous position.  His actions made it happen.

^^Exactly^^

[Bloodgem]

I know where Chloe's mother was, at the time of the accident, GS but does anyone know where her father and brothers were?

I'm just curious as in post #845 mitsugirly reports that the court papers state that 'Anello came up to the H2O Zone to look after Chloe'

[trey420]

Is your position this was murder, or manslaughter?  I hold it at manslaughter.  The difference is intent.  I just rewatched the video grainy as it may be, the guy was a dumb ass.  Like I said take responsibility.  He F'ed up bad obviously.  He looks out the window and holds the kid out the window like MJ did blanket over that balcony.  He dropped the kid unlike the king of pop.  The question is did he know about window being open?  Unless you're a mind reader you don't truly know.  Some of you seem to think the guy basically the the kid out the window.  I do not,  I think he F'ed up on the highest level.  

Edited February 15, 2020 by trey420

[ONECRUISER]

1 hour ago, RocketMan275 said:

My mother put me on a leash when I was about four yeas old.  That was a sign she wanted to protect me from harm when we went to town.  At the slightest opportunity I would bolt the area.  She once caught up to me a block away.  That's when she bought the leash.  And, no, just holding my hand didn't work.  Not on a shopping trip.  Open the purse to make a payment.  I was gone.

Never had issue with my kids, never left my side. Single Dad of 3 took them on many Cruises time they were 2, dozen trips to Disney, all by myself... Now Me. Was 1 when Mom had second kid, 4 when had her 3rd. Look away and I was gone. I'd ride my Trike up to store, parking with big Delivery Trucks. Was a climber, out the Crib, out the window. And I was fast. Even in school held few sprint records. Mom would tie me on leash to tree in back yard. Tied me to bed until was asleep. You know stuff that gets a Mom arrested today, but was the 60's and she kept me alive....

Edited February 15, 2020 by ONECRUISER

[grapau27]

21 minutes ago, trey420 said:

Is your position this was murder, or manslaughter?  I hold it at manslaughter.  The difference is intent.  I just rewatched the video grainy as it may be, the guy was a dumb ass.  Like I said take responsibility.  He F'ed up bad obviously.  He looks out the window and holds the kid out the window like MJ did blanket over that balcony.  He dropped the kid unlike the king of pop.  The question is did he know about window being open?  Unless you're a mind reader you don't truly know.  Some of you seem to think the guy basically the the kid out the window.  I do not,  I think he F'ed up on the highest level.  

After watching the video I could definitely see intent to hold the child out of the open window.

Edited February 15, 2020 by grapau27

[Two Wheels Only]

26 minutes ago, trey420 said:

He looks out the window and holds the kid out the window like MJ did blanket over that balcony.  He dropped the kid unlike the king of pop.  The question is did he know about window being open?  Unless you're a mind reader you don't truly know.

 

According to a Port Authority spokesperson (Jose Carmona), if you compare what Anello told Port Authority officials (before attorney Winkleman got involved) to what he later stated in the interview (after attorney Winkleman got involved), you will have the answer to your question. 

 

 

Edited February 15, 2020 by Two Wheels Only

[rusty nut]

1 hour ago, trey420 said:

That may be true but I don't think it was done on purpose.  Do you thin he intentionally put the kid in harm's way?  I don't know gramps at all but I will assume he did not.  His claim is he thought there was a window there.  For me he did not pay close attention to the fact there was no window.  

I look at that video and ask myself, "how is it possible that was an accident?"
 

[grapau27]

3 minutes ago, rusty nut said:

I look at that video and ask myself, "how is it possible that was an accident?"
 

+1

[Lionesss]

I am sure this video site has been posted many times on this thread..but this is the first one I watched that wasn't really fuzzy or blurry.

I am sure this is the one people have viewed.

 

Just sharing, again.

 

 

https://expressinformer.com/video-shows-grandfather-dropping-toddler-to-her-death-from-cruise-ship-window/

 

It is still hard to realize that she is gone.

 

Prayers to all

Edited February 15, 2020 by Lionesss

[TNcruising02]

7 minutes ago, Lionesss said:

I am sure this video site has been posted many times on this thread..but this is the first one I watched that wasn't really fuzzy or blurry.

I am sure this is the one people have viewed.

 

Just sharing, again.

 

 

https://expressinformer.com/video-shows-grandfather-dropping-toddler-to-her-death-from-cruise-ship-window/

 

It is still hard to realize that she is gone.

 

Prayers to all

Thanks.  That is a fairly clear video.  He leaned over the railing before he picked her up.  His face was within inches of the window frame.  There is no way he didn't know it was open and he must think people are stupid to actually believe he didn't know.  Maybe he didn't count on him being caught on video or just figured he would stick with the lie.  But there is no doubt he knew that window was open and purposely lifted her up over the railing with full knowledge of the danger.

[Two Wheels Only]

10 minutes ago, Lionesss said:

I am sure this video site has been posted many times on this thread..but this is the first one I watched that wasn't really fuzzy or blurry.

I am sure this is the one people have viewed.

 

Just sharing, again.

 

The video shown in that link is a phone recording of what was shown on PR TV. The actual broadcast video is more clear. The video that RCCL entered into public record is also more clear. 

 

They show the same things but the higher quality versions are easier to use to understand what happened. 

[TNcruising02]

41 minutes ago, Two Wheels Only said:

 

The video shown in that link is a phone recording of what was shown on PR TV. The actual broadcast video is more clear. The video that RCCL entered into public record is also more clear. 

 

They show the same things but the higher quality versions are easier to use to understand what happened. 

Do you have a link to a clearer version?

Edited February 15, 2020 by TNcruising02

[Two Wheels Only]

21 minutes ago, TNcruising02 said:

Do you have a link to a clearer version?

 

It's on "the many-faced book" and I don't think that it can be linked here. (Game of Thrones  reference).

 

The RCCL released version (partial) was shown on CBS but the moment that Chloe started to fall wasn't shown and the amount of time that Anello leaned and the amount of time that Chloe was beyond the railing was trimmed.

 

Google is your friend. Valar Morghulis.

 

[legaljen1969]

On 2/10/2020 at 10:32 PM, brillohead said:

I don't think Royal is going to back down at this late date -- if they were going to settle with the family to make it go away, they would have done it at the very beginning.  
 

I think they are definitely going to push as far as they can-both sides. However, I have seen cases that settled on the morning of trial just before the judge calls the roster of cases on the docket for the day or the week.  It happens more often than people would think.  

 

[gatour]

Was this an accident vs an intended consequence (i.e. murder)  I lean towards accident due to a set of actions that led to her untimely death.

 

However these set of actions warrant involuntary manslaughter type of charges.  By making a serious of bad decisions he caused the death of another person, intentionally or accidentally.  What would be a just punishment, I leave that to the judge, prosecutors, defense attorneys to decide if the criminal charges go to trial and he judged guilty by a jury.

 

The civil suit should be thrown out based on everything I have read and the various photos and videos I have seen.

 

I wish we would stop calling him grandfather (that has certain age connotations and perhaps cognitive connotations).  He is actually younger than I am by a year or two, and I have no grandchildren.  I have a full time professional job and won't be retiring within the next 10+ years.

[coffeebean]

20 hours ago, TNcruising02 said:

Here is the latest that I could find:

02/05/2020:
Filing 28 ORDER Denying #7 Motion to Dismiss the Complaint for Failure to State a Cause of Action; Denying as moot #14 Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss; Denying as moot #15 Motion to Strike ; Denying as moot #17 Unopposed Motion for Leave to File Preliminary Response in Opposition to Defendant's Motion to Dismiss Complaint for Failure to State a Cause of Action in Excess of Page Limitations. Signed by Senior Judge Donald L. Graham on 2/5/2020. See attached document for full details. (ar2)

Filing 27 Notice of Supplemental Authority re #7 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #18 Response in Opposition to Motion, by Kimberly Schultz-Wiegand, Alan Wiegand (Attachments: #1 Exhibit) (Winkleman, Michael)

https://dockets.justia.com/docket/florida/flsdce/1:2019cv25100/562925

Not quite sure what all this means.