According to court documents, the ship says video shows Anello knew the window was open, and that he even leaned his upper body out that window before picking Chloe up.
The parents have now launched a multi-million dollar negligence suit blaming Royal Caribbean for failing to install safety devices or warning signs on the waist-height glass window. Moments later, he picked up his 18-month-old step-granddaughter and leaned her up against the opening before losing his grip.
Royal Caribbean is holding the video as proof that Anello knew the window was open before the incident.
The girl's grandfather, Salvatore Anello, was charged with negligent murder in Puerto Rico.
"This isn't a case of an unknowing baby approaching an open window and falling out as a result of the window was faulty or improperly positioned", court docket paperwork said.
However Royal Caribbean counters this notify in its circulation, which incorporates a series of serene photography that the firm talked about had been taken from safety video and which it says repeat that Anello knew the window used to be start sooner than preserving Chloe up to it.
"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. Nevertheless, the cruise line stated it doesn't matter as video proof shows he knew the window was open.
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Anello is color blind and couldn't comprise viewed that the window, phase of a bank of inexperienced-tinted dwelling windows on the ship's 11th floor, used to be start sooner than he lost administration of Chloe and she fell onto a deck below, the household talked about.
Michael Winkleman, an attorney for the girl's family, said Royal Caribbean's request was "groundless and misleading", The Indianapolis Star reported.
It's clear that Royal Caribbean's tactic is in charge Chloe's grandfather fairly than to just accept that Royal Caribbean didn't implement business requirements for toddler security aboard its ships which in the end led to Chloe's tragic demise.
A federal judge is yet to rule on Royal Caribbean's motion to dismiss but a status conference is scheduled for March.
Royal Caribbean calls Anello's actions "irresponsible and reckless" in the new court documents. However, the applicants were first authorized to inspect a vessel at the scene of the incident on January 10 - less than a week after Royal Caribbean first informed the Wiegands that they were making changes to the ship that would destroy the area of the incident. That inspection has revealed that Royal Caribbean's Movement to Dismiss neglects to inform the Courtroom and, presumably, the authorities that there have been at least THIRTEEN CCTV video cameras within the space of the incident.
On Friday, attorneys for the family filed two further motions: one to strike the video footage, claiming the "the authenticity of the videos" had not been established; and another asking the court to make Royal Caribbean "to produce all video footage from all of the cameras", of which Winkleman had said there were 13 in total. "Had Royal Caribbean simply abided by industry standards for window safety, created to protect toddlers, this tragedy would not have occurred".