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Toddler Death Law Suit Update

ATC cruiser

By ATC cruiser,
in Royal Caribbean International

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RocketMan275

RocketMan275

Posted
Posted
3 hours ago, S.A.M.J.R. said:

IMO, if the criminal trial comes back with a "guilty" verdict, that hurts Winkleman's case.  "See, a court already found Anello was responsible, so how can RCI also be responsible."  On the other hand, if Anello is found NG, that helps Winkleman. "See, a court already found Anello wasn't responsible, so RCI must be." 

There can be joint responsibility.

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S.A.M.J.R.

S.A.M.J.R.

Posted
Posted
47 minutes ago, A&L_Ont said:


Winkleman’s main focus is his case. To help in the GF’s case is really no concern of his.  He gets no financial gain from helping. His battle is against RC, regarding safety and financial reimbursement for the family’s loss of a daughter, as well as pain and suffering.

I disagree with the bolded.  I think the GF's case DOES impact Winkleman's case as I have listed a couple different times. 

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RocketMan275

RocketMan275

Posted
Posted
18 minutes ago, cltnccruisers said:

I don't see that since one is a criminal case and the other civil.  Supposedly, though maybe not realistically, they don't affect one another.

Didn't say they did.  Just pointed out that in civil cases, it can be found that one person is partially responsible and so is another.  

 

Also,  there is this:

Joint and several liability is a rule followed in some states, in which two or more parties can be held independently liable for the full amount of a personal injury plaintiff’s damages, regardless of their respective degrees of fault. 

 

It gets more complicated, suggest your read the article:

https://www.justia.com/injury/negligence-theory/joint-and-several-liability/

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cltnccruisers

cltnccruisers

Posted
Posted
9 minutes ago, RocketMan275 said:

Didn't say they did.  Just pointed out that in civil cases, it can be found that one person is partially responsible and so is another.  

 

Also,  there is this:

Joint and several liability is a rule followed in some states, in which two or more parties can be held independently liable for the full amount of a personal injury plaintiff’s damages, regardless of their respective degrees of fault. 

 

It gets more complicated, suggest your read the article:

https://www.justia.com/injury/negligence-theory/joint-and-several-liability/hall

I'm not a lawyer and, in truth, I hate them.  The words "lawyer" and "liar" are just too similar. But I shall read your link.  However, you mention "some states" - PR is not a state yet.

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A&L_Ont "Live from...." Rare

A&L_Ont

Posted
Posted
1 hour ago, S.A.M.J.R. said:

I disagree with the bolded.  I think the GF's case DOES impact Winkleman's case as I have listed a couple different times. 


You may disagree with me, but he was hired for one case. The other may concern/relate to his case, however it is not his responsibility to provide experts or opinions. His helping in the one case could negatively effect his case, and that one is his pay. 

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nextcruiseis

nextcruiseis

Posted
Posted

Breaking News per David Begnaud (CBS News):  Sam Anello, the Indiana grandpa charged with negligent homicide after his granddaughter fell from his hands aboard a cruise ship in Puerto Rico will plead guilty in a deal offered by prosecutors. Deal: no jail time, no admission to the facts, probation served in Indiana.

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cruisegus

cruisegus

Posted
Posted
6 minutes ago, nextcruiseis said:

Breaking News per David Begnaud (CBS News):  Sam Anello, the Indiana grandpa charged with negligent homicide after his granddaughter fell from his hands aboard a cruise ship in Puerto Rico will plead guilty in a deal offered by prosecutors. Deal: no jail time, no admission to the facts, probation served in Indiana.

please provide a link to your source

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BSocial

BSocial

Posted
Posted (edited)
21 minutes ago, AlyssaJames said:

Good.

 

I guess this doesn’t necessarily stop the civil suit? Or does it?


“This decision was an incredibly difficult one for Sam and the family, but because the plea agreement includes no jail time and no admission of facts, it was decided the plea deal is in the best interests of the family so that they can close this horrible chapter and turn their focus to mourning Chloe and 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," a statement from maritime attorney Michael Winkleman of Lipcon, Margulies, Alsina & Winkleman P.A says.”

 

from link post 1661 above.   Still trying to find fault with the ship

Edited by BSocial
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smplybcause

smplybcause

Posted
Posted
59 minutes ago, BSocial said:

With the plea deal, what does Guilty “with no admission of facts” mean?

 

 

 

Essentially that all he admitted was he was guilty. Sometimes pleas require the person to state for the record what they did which then automatically becomes a fact and the words can be used as fact in a civil case. 

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mugtech

mugtech

Posted
Posted
1 hour ago, The_Big_M said:

So he's guilty with virtually no penalty. Pretty much a win for him.

Could be a factor if he is looking for employment.  Probation means he will be meeting with a court officer fairly often.  Probably some fines and court costs.

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brillohead "Live from...." Rare

brillohead

Posted
Posted
1 hour ago, BSocial said:

With the plea deal, what does Guilty “with no admission of facts” mean?

 

 


He's not going to stand up in court and say that he knew the window was open when he picked up the baby and put her over the railing.

If he admitted that he knew the window was open, then the parents have no excuse to carry on with their lawsuit, which is based on the fact that there was no sign warning people that the windows could be open.

 

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Two Wheels Only

Two Wheels Only

Posted
Posted (edited)
3 hours ago, The_Big_M said:

So he's guilty with virtually no penalty. Pretty much a win for him.

 

I've had speeding tickets with more harsh penalties.

 

No one was killed.

No one was hurt.

No property was damaged.

 

I may have killed a few bugs on my helmet or windshield. Anello killed a human child.

Edited by Two Wheels Only
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