A judge has ruled that Royal Caribbean is not responsible for the death of Chloe Wiegand.
Chloe was the 18-month-old who had fallen from an open window on the Freedom of the Seas cruise ship.
Her grandfather, Salvatore “Sam” Anello, had held his granddaughter over a railing near a children’s play area when the ship was docked in San Juan, Puerto Rico, in July 2019, NBC News reported.
She fell 11 stories, WBBM reported
He was sentenced to three years probation after he pleaded guilty to negligent homicide in Chloe’s death.
Anello said he didn’t know the window was open but Royal Caribbean released images that showed him leaning out the window, NBC News reported.
The family’s attorney said the photos were misleading.
U.S. District Judge Donald Graham wrote in his ruling: “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,” NBC News reported.
The judge added: “A reasonable person through ordinary use of his senses would have known the dangers associated with Mr. Anello’s conduct. Accordingly, the defendant owed no duty to warn of it.”
Chloe’s parents had sued Royal Caribbean in December 2019 saying that the company did not “adequately mark the open windows” and “install safety prevention devices.”
The family plans to appeal the latest ruling, the Daily Mail reported.
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