The lawsuit against Royal Caribbean/toddler death

[Anonymous]

When is the next court date for the criminal case?

Just wondering which one is going to go first-- the criminal or the civil trial. Normally the criminal trial happens first -- but in this case, I don't know.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I saw on CNN that RC's motion to dismiss was denied, but that the judge is allowing RC to refile if their motion was limited to the 4 corners of the plaintiff's complaint. Is there a lawyer reading this thread that can shed some light on what this all means, if anything?

I haven’t read the order, but here’s what I suspect is going on, and it also tells you why the case is unlikely to be dismissed: the complaint is to be read as if all facts are true - at the motion to dismiss phase, you aren’t arguing on the evidence on the facts, it’s just if the facts as pled (written) in the complaint are true, has the plaintiff stated a claim (meaning - alleged the elements of a violation to support their cause of action). So, if they say x, y, z thing happened, does that show negligence on RC’s part. So they can’t say “he knew the window was open” as they did; they can say they plaintiffs haven’t alleged sufficient facts to show that they were negligent and that a reasonable person would not have held a baby out a window (because duh).

It’s actually unusual for a court to allow them to refile, so that’s telling. It’s also unusual however for a complaint to be dismissed outright without opportunity to refile for the plaintiffs, so even if they win, they probably will still be at it for a while as the judge gives the plaintiffs a chance to refile and cure the defects of their complaint.

I think PP is correct. Here is the article:

https://www.cnn.com/2020/02/06/us/royal-caribbean-cruise-ship-toddler-death-lawsuit/index.html

[Anonymous]

Thank you. That summary is very insightful.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I saw on CNN that RC's motion to dismiss was denied, but that the judge is allowing RC to refile if their motion was limited to the 4 corners of the plaintiff's complaint. Is there a lawyer reading this thread that can shed some light on what this all means, if anything?

I haven’t read the order, but here’s what I suspect is going on, and it also tells you why the case is unlikely to be dismissed: the complaint is to be read as if all facts are true - at the motion to dismiss phase, you aren’t arguing on the evidence on the facts, it’s just if the facts as pled (written) in the complaint are true, has the plaintiff stated a claim (meaning - alleged the elements of a violation to support their cause of action). So, if they say x, y, z thing happened, does that show negligence on RC’s part. So they can’t say “he knew the window was open” as they did; they can say they plaintiffs haven’t alleged sufficient facts to show that they were negligent and that a reasonable person would not have held a baby out a window (because duh).

It’s actually unusual for a court to allow them to refile, so that’s telling. It’s also unusual however for a complaint to be dismissed outright without opportunity to refile for the plaintiffs, so even if they win, they probably will still be at it for a while as the judge gives the plaintiffs a chance to refile and cure the defects of their complaint.

I think PP is correct. Here is the article:

https://www.cnn.com/2020/02/06/us/royal-caribbean-cruise-ship-toddler-death-lawsuit/index.html

Any updates?

[Anonymous]

He pledges GUILTY.

https://www.nbcnews.com/news/us-news/grandfather-toddler-who-died-falling-cruise-ship-plead-guilty-her-n1142981

[Anonymous]

Anonymous wrote:He pledges GUILTY.

https://www.nbcnews.com/news/us-news/grandfather-toddler-who-died-falling-cruise-ship-plead-guilty-her-n1142981

With an agreement of NO JAIL TIME.

[Anonymous]

Hopefully, his guilty plea will at least make it less likely for this family to win a suit against RC.

Grandpa plead guilty because he IS guilty.

[Anonymous]

Anonymous wrote:Hopefully, his guilty plea will at least make it less likely for this family to win a suit against RC.

Grandpa plead guilty because he IS guilty.

Family’s case will be dismissed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Hopefully, his guilty plea will at least make it less likely for this family to win a suit against RC.

Grandpa plead guilty because he IS guilty.

Family’s case will be dismissed.

Not necessarily (although I wish it would be). That the grandfather was criminally negligent doesn’t inherently mean RC wasn’t negligent as well.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Hopefully, his guilty plea will at least make it less likely for this family to win a suit against RC.

Grandpa plead guilty because he IS guilty.

Family’s case will be dismissed.

Not necessarily (although I wish it would be). That the grandfather was criminally negligent doesn’t inherently mean RC wasn’t negligent as well.

‘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,’ he said.

‘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.’

I hope this means that shameful family can't pursue a personal legal case against RC after this. He dropped that child - the only question is whether it was deliberate or not.

[Anonymous]

Anonymous wrote:He pledges GUILTY.

https://www.nbcnews.com/news/us-news/grandfather-toddler-who-died-falling-cruise-ship-plead-guilty-her-n1142981

The article just restates the same disproven claims--he believed the window was closed (after he leaned out of it?), and that they were in a children's play area.

[Anonymous]

When Anello goes to court to make his guilty plea, he will be asked questions by the judge to ensure that he is actually admitting to the elements of the offense. He is being charged with negligent homicide, but he might be pleading guilty to something less, like child endangerment or something.

Also, his atty says there isn't going to be jail or AN ADMISSION OF FACTS.... that is interesting. The only time you plead guilty without admitting to the truth of the prosecution's facts if when you are allowed to do an "Alford plea." That is when the prosecution allows you to plead guilty by admitting that the prosecution has enough evidence to convict you, but you don't admit to the facts. This happens at times when the defendant might have been drunk or under the influence of drugs when they did the bad acts.

But, this may be what Anello's team was holding out for... why? b/c it gets rid of the criminal case, it preserves the civil law suit claims, and Anello only gets probation. It seems like he should have to serve SOME time -- even if it was 10 days or 10 nights in jail. But, the prosecutor probably doesn't want to try the case (which is really RC's case), and this deal gets a conviction with the least effort.

This is just my prediction based on the article posted.

[Anonymous]

Atty for Anello: He added that the family wants to “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.”

Translation: the family wants to focus on their lawsuit against RC and getting a huge pay day.

[Anonymous]

Anonymous wrote:

Anonymous wrote:He pledges GUILTY.

https://www.nbcnews.com/news/us-news/grandfather-toddler-who-died-falling-cruise-ship-plead-guilty-her-n1142981

The article just restates the same disproven claims--he believed the window was closed (after he leaned out of it?), and that they were in a children's play area.

And, clearly that "belief" was insane on his part, especially since he is literally seen on video leaning out of the window before he picks Chloe up, leans out the window and drops her.

No normal person in their right mind would have made that "mistake". At best he was trying to be the "fun" grandpa and he lost his grip - that is the BEST case scenario.

This man needs to stop jabber jawing, take this extremely lenient punishment and go away.

[Anonymous]

Anonymous wrote:Atty for Anello: He added that the family wants to “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.”

Translation: the family wants to focus on their lawsuit against RC and getting a huge pay day.

My sympathy goes out to that poor, innocent baby. What a family.