Rare sparks1093 Posted February 11, 2021 #226 Share Posted February 11, 2021 2 hours ago, grapau27 said: I think the term Attack is the best form of defense could be associated here. Anello is guilty and the family want a settlement off RC for something that was clearly Anellos fault only. "if Royal had safety measures in place the grandfather wouldn't have been able to do what he did and Chloe would still be alive" is basically what their answer to the motion to dismiss says. So yes, it was Anello's fault but Royal's negligence in not having safety measures in place would have prevented the accident. It is a common argument in these types of cases and sometimes it works. For many reasons already discussed by others I don't think it will work in this case. (You see a similar argument when a drunk driver kills someone and the family sues the bar for over-serving the driver.) 1 Link to comment Share on other sites More sharing options...
dbancroft Posted February 11, 2021 #227 Share Posted February 11, 2021 6 hours ago, A&L_Ont said: Not home video, found on YouTube. I saw it on the news awhile ago. So you are not one of those hockey dads....lol 1 Link to comment Share on other sites More sharing options...
beerman2 Posted February 11, 2021 #228 Share Posted February 11, 2021 3 hours ago, Baron Barracuda said: Just out of curiosity how much are the Wiegand's suing for? Saw many news articles but none gave amount. Does it make a difference the 💰💰💰💰 amount. It's a frivolous lawsuit seeking money they don't deserve. Link to comment Share on other sites More sharing options...
Bailey & Sophie Posted February 11, 2021 #229 Share Posted February 11, 2021 I haven't kept up with this thread. However, I have some questions about WHERE this poor child landed. When we have gotten on and off the ship there is quite a large expanse of water to bridge over. If she just fell, wouldn't she land in the water? How did she end up on the pier? 1 Link to comment Share on other sites More sharing options...
Ashland Posted February 11, 2021 #230 Share Posted February 11, 2021 11 hours ago, LilBlackDress said: I didn't know there were posted signs. Do you know what they say? I don't remember seeing any signs, but then again, I wouldn't hang on the railing, hold a baby out the window, bang on glass etc etc etc Not the exact wording....but there are signs near the windows or on the railings...I've been on this class of ships many times and noticed them but thought...Is this warning necessary.... isn't it common sense...I guess it wasn't in this case. 1 Link to comment Share on other sites More sharing options...
Biker19 Posted February 11, 2021 #231 Share Posted February 11, 2021 44 minutes ago, Bailey & Sophie said: How did she end up on the pier? Those deck windows extend over the side of the ship enough to..... Link to comment Share on other sites More sharing options...
Roger88 Posted February 11, 2021 #232 Share Posted February 11, 2021 Poor little child.. we never know what fate awaits us but in any case I want to wish everyone to take better care of their families and themselves. We live in a dangerous world 1 Link to comment Share on other sites More sharing options...
Bailey & Sophie Posted February 11, 2021 #233 Share Posted February 11, 2021 32 minutes ago, Biker19 said: Those deck windows extend over the side of the ship enough to..... Oh my. Link to comment Share on other sites More sharing options...
LilBlackDress Posted February 11, 2021 #234 Share Posted February 11, 2021 2 hours ago, Ashland said: Not the exact wording....but there are signs near the windows or on the railings...I've been on this class of ships many times and noticed them but thought...Is this warning necessary.... isn't it common sense...I guess it wasn't in this case. Thanks!! I probably dismissed it thinking the same... Is this warning necessary?!?! Link to comment Share on other sites More sharing options...
LilBlackDress Posted February 11, 2021 #235 Share Posted February 11, 2021 14 hours ago, njkruzer said: Royal could name him as a third party defendant. I don't know much about the law but I am not sure you can name another defendant in a civil case... 13 hours ago, cruisegirl1 said: Who needs a posted sign to tell a person NOT to dangle a child out a window! Is that what we have become? M You would think no one would need a sign!! But as someone else posted, this is the age of CYA vs Common Sense Link to comment Share on other sites More sharing options...
dexddd Posted February 11, 2021 #236 Share Posted February 11, 2021 On 2/8/2021 at 5:17 PM, lovescats5 said: I have looked at the windows of every ship we have been on and you can clearly tell which windows are open and which are not. I cannot believe, and yet I can, that someone his age and with what he had done that he will not take responsibility for what he had done. No wonder the younger generation are the way they are. We have given up making people accept responsibility for what they do. Quite the blanket statement against the younger generation, yet who killed their granddaughter and is not taking responsibility? Don't recall any stories of younger generation doing what happened here. Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 11, 2021 #237 Share Posted February 11, 2021 20 minutes ago, LilBlackDress said: I don't know much about the law but I am not sure you can name another defendant in a civil case... You would think no one would need a sign!! But as someone else posted, this is the age of CYA vs Common Sense Yes, it can be done. If a company is sued because their product hurt someone and another company manufactured the component that failed they can add the other company to the suit as a co-defendant and then the court would have to determine which company was at fault. But I don't think it would help Royal because the case doesn't hinge on the actions of the grandfather at all. The family is claiming had Royal acted with proper safety precautions that the incident wouldn't have happened in the first place. Link to comment Share on other sites More sharing options...
BSocial Posted February 11, 2021 #238 Share Posted February 11, 2021 (edited) 9 hours ago, beerman2 said: Does it make a difference the 💰💰💰💰 amount. It's a frivolous lawsuit seeking money they don't deserve. If I remember the Mother in interviews kept saying they want RC “fix the ships” - i,e, make sure windows cannot be opened on pool deck. I believe they are seeking more than money, they want to mandate changes to the ships, (as they claim that is the cause of the accident). I’m sure all cruise lines will be watching this one closely. Edited February 11, 2021 by BSocial Replaced word Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 11, 2021 #239 Share Posted February 11, 2021 9 hours ago, beerman2 said: Does it make a difference the 💰💰💰💰 amount. It's a frivolous lawsuit seeking money they don't deserve. If it's frivolous the judge will dismiss it, but they do have a potentially valid argument for the jury to hear. For instance, if the ship were designed so that the window ledge extended 2 feet higher than the railing would that have prevented this from happening? Is it reasonable for that to be done? It is questions similar to that which the court/jury has to decide. Again, I do hope that Royal prevails but I don't think it is such a slam dunk. 1 Link to comment Share on other sites More sharing options...
ace2542 Posted February 11, 2021 #240 Share Posted February 11, 2021 21 hours ago, LilBlackDress said: some never get resolved How can some cases never get resolved? Surely that can't be legal? Isn't there some constitution requirement for a speedy trial or is that only in criminal law? Link to comment Share on other sites More sharing options...
ace2542 Posted February 11, 2021 #241 Share Posted February 11, 2021 30 minutes ago, BSocial said: they want to mandate changes to the ships, (as they claim that is the cause of the accident) They want to mandate changes then fair enough. But money is blood money. Link to comment Share on other sites More sharing options...
marci22 Posted February 11, 2021 #242 Share Posted February 11, 2021 3 hours ago, Roger88 said: We live in a dangerous world More like we live in a dumb world. 3 2 Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 11, 2021 #243 Share Posted February 11, 2021 18 minutes ago, ace2542 said: How can some cases never get resolved? Surely that can't be legal? Isn't there some constitution requirement for a speedy trial or is that only in criminal law? Speedy trial is only in criminal law (as I understand it), but while some civil cases may take years they will all be resolved one way or another, eventually. Link to comment Share on other sites More sharing options...
d9704011 Posted February 11, 2021 #244 Share Posted February 11, 2021 6 minutes ago, sparks1093 said: Speedy trial is only in criminal law (as I understand it), but while some civil cases may take years they will all be resolved one way or another, eventually. Ace should know about this case: Jarndyce v. Jarndyce. 1 2 Link to comment Share on other sites More sharing options...
ace2542 Posted February 11, 2021 #245 Share Posted February 11, 2021 3 minutes ago, d9704011 said: Ace should know about this case: Jarndyce v. Jarndyce. Never heard of it. Link to comment Share on other sites More sharing options...
ace2542 Posted February 11, 2021 #246 Share Posted February 11, 2021 12 minutes ago, sparks1093 said: Speedy trial is only in criminal law (as I understand it), but while some civil cases may take years they will all be resolved one way or another, eventually. So Royal could drag it out for years if they wanted to but what would be point. Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 11, 2021 #247 Share Posted February 11, 2021 1 minute ago, ace2542 said: Never heard of it. I just googled it, it is a fictional case written by Charles Dickens and was a jab at the court system of his day. 1 1 Link to comment Share on other sites More sharing options...
ace2542 Posted February 11, 2021 #248 Share Posted February 11, 2021 Just now, sparks1093 said: I just googled it, it is a fictional case written by Charles Dickens and was a jab at the court system of his day. Best court system ever! You would be hanged within maybe 1 year after being convicted of murder in the old days. Not like in the USA were the appeals can run 20 years or more. Link to comment Share on other sites More sharing options...
Rare sparks1093 Posted February 11, 2021 #249 Share Posted February 11, 2021 Just now, ace2542 said: So Royal could drag it out for years if they wanted to but what would be point. I don't think they could drag it out too long, there is only so much procedurally that can be done to delay without the court's approval. Link to comment Share on other sites More sharing options...
beerman2 Posted February 11, 2021 #250 Share Posted February 11, 2021 1 hour ago, sparks1093 said: If it's frivolous the judge will dismiss it, but they do have a potentially valid argument for the jury to hear. For instance, if the ship were designed so that the window ledge extended 2 feet higher than the railing would that have prevented this from happening? Is it reasonable for that to be done? It is questions similar to that which the court/jury has to decide. Again, I do hope that Royal prevails but I don't think it is such a slam dunk. If to get the design changed , what's next. Plexiglass on ALL balconies, open deck spaces? You may as well put people in a bubble. The design has worked for years. Lets say they do win ( on getting design changed) what do they do for ventilation? That's why they open in the first place. Nobody has just fallen off a cruise ship, they have gone overboard because of doing something stupid or a desire to jump. In this case the grandfather dangling the child out a window that is plainly open. The design hasn't been an issue before, it's only an issue now because of one person, who's total lack of judgement is why it's at this point. 4 Link to comment Share on other sites More sharing options...
Recommended Posts