The civil suit filed in December in the U.S. District Court in Miami brought by Wiegand's family claims Chloe's death was the result of negligence on behalf of the cruise company and argues it should not have allowed for the window to be opened in an area where children play.
In a motion to dismiss the complaint, Royal Caribbean Cruises Ltd. showed a series of stills from video from two closed-circuit TV cameras leading up to the death.
»FROM NOVEMBER: Grandfather charged in cruise ship death appears in court
The first image shows Anello following granddaughter Chloe, both circled in red, toward the open window on Deck 11.
The second image shows that when Anello arrives to the open window and while Chloe was still on the floor, Anello leans his upper body over a wooden railing and out of the window frame for what Royal Caribbean said was eight seconds.
The filing states, “Because Mr. Anello had himself leaned out the window, he was well aware that the window was open. In addition, the windows in question consist of greenish-tinted glass making it open and obvious where a window is open versus closed."
Salvatore Anello, the step-grandfather of Chloe Wiegand, who fell to her death from an open window on a Royal Caribbean cruise ship in July, enters escorted into court in Puerto Rico on Oct. 29.
The third and fourth images show Anello having leaned down and picked up Chloe, lifting her over the wooden rail toward the open window.
The final image provided in the motion states that Anello "stays in front of the open window and exposes Chloe to the open window, which was 11 decks high off the ground, with nothing but a concrete pier below, for approximately 34 seconds at which time she unfortunately fell."
The argument in the filing states, “The only reasonable conclusion from the video is that Mr. Anello knew the window was open before picking up Chloe. He nonetheless lifted the child over the wooden rail and the open window for a considerable period, recklessly endangering her life. There was no 'hidden danger' — Mr. Anello knew the window was open.”
The purpose of the filing was to contradict the plaintiff's case, asking for its dismissal.
The filing says Anello's "actions, which no reasonable person could have foreseen, were reckless and irresponsible and the sole reason why Chloe is no longer with her parents.”
The judge in the case has not ruled on the motion but has set a notice for a status conference on the case for March 11.