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Toddler Death Law Suit Update


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1 hour ago, brillohead said:

Maybe someone with some PhotoShop skills can superimpose these pictures on each other to show that when Anello's shoulders are leaned over the railing, as they obviously are in the videos, his head would be located where the re-enactor's hands are in the second photo above. 

 

While they are at it, slide Margulies' waist against the railing in the 1st picture like it is in the 2nd picture...then rotate the upper body to match Anello's angle...then extend/straighten the arms in the 2nd picture to match Anello's and...

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Then with this chap here who appears to be taller, although this is just a side example, one would expect if he was full frontal onto that guard rail that he would easily be able to poke his head right through that window.

RCextape.jpeg

RCextape2.jpg

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1 hour ago, Brisbane41 said:

What I find disturbing about this article is the fact that the man who dropped her refused to take a sedative when offered.

 

That is baffling to say the least. We hear he refused a breath test as well. What was he taking and what is he trying to hide and is he taking something that would react with sedatives?

Do they have lie detector tests in PR ?.

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17 hours ago, Two Wheels Only said:

 

..........Anello has to create reasonable doubt in the case against him.

The toddler was safe at ground level. Anello picked Chloe up and placed her by the window. How can there possibly be reasonable doubt about that? Sorry but this case is closed, IMHO.

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10 hours ago, Merion_Mom said:

 

Again, can you show me your source for this claim?

I was not the person who made this claim originally. I did not question the poster as you are questioning. I took it as fact. This is the internet, you know. I assumed what was reported about the drowning of the child and RCI losing the law suit was truth.

Edited by coffeebean
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Since it's been asked a few times, why do people think that RCCL was the ones who leaked the tapes???  

 

Seems to me they are legally bound to NOT do that, as evidence should be controlled so that you do not ruin a jury pool by bias.  

 

Sure, lawyers have gotten it, as it's part of the evidence.  There's a good chance they have gotten it all, I think- it would take a simple memo length order from a judge to force them to give it up.  But the KEY litigation right now is the criminal case against the GF.  

 

The civil case would be next, which is what everyone here is litigating before it even starts.  Thanks to the leaked evidence, it makes for fun debate, I suppose.  

 

But when it comes to public opinion, RCCL does not care what YOU think as long as their ships are full.  And if that is happening, that would suggest that the people who are paying the bills do not care.  There are clearly enough people out there that don't think they are hiding anything, given that none of my future cruises have gone down in price.

 

The tapes originated by RCCL, but I honestly don't see any reason they would have released them.  They are not the ones trying to have this heard in the court of public opinion.

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10 hours ago, mayleeman said:

 

Funny you should mention that. I was just reading the appellate court ruling where the court held that there was a jury question as to whether the family ever actually received the cruise contract. Royal said it was emailed, and the parents said they received a number of emails and did not know if they got that. It was important because Royal was contending that the contract required the suit to be filed in a particular jurisdiction, and wanted the negligence case dismissed. The court said that in the absence of clear documentary evidence of actual receipt, the issue could not be disposed of without trial.

 

Courts do not look lightly on presumed or constructive waivers of important rights. I think when booking we now have to check something acknowledging receipt and reading of the contract. But did GF? RC might have to prove actual receipt to hold GF to its provisions, but the dad or mom might have booked everybody.

 

Not that this is likely to be a determining factor in either case. If the case on negligence comes down to a paragraph in the contract, then there would have to be some amazing facts in GF's favor that no one has presented yet.


But the common sense part is the railing as a safety device. I don’t sign a waiver or read safety rules when I walk into a building that has railings that overlook another floor(s) and same goes with an apartment balcony. So to me the cruise contract is bonus coverage. If everything has to be written out can you imagine.
 

To that person that hates RCCL so much, hope he goes to all his local buildings and makes the same complaints, especially since I would bet many have railing heights lower than cruise ships. 
 

My wife also said that you can’t complete the booking process without acknowledging the cruise contract and you can click a link to read it. So they should have had the option. 

Edited by cgolf1
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^^ This.

Every time a make a payment to Royal, I have to check the box indication that I've read the cruise contract.

But, let's be realistic. If we are a family of 7, and I book a cruise for our family, Am I really going to make my entire family read the entire contract before we sail? I didn't think so. I can guarantee you, with absolute certainty, that Anello did not read the contract. That's what his lawyers are counting on. "You Honor, my client had no idea the railings were for safety, he didn't read the contract, how would he know."

The whole thing is a joke, really.

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PP (among others online) keep saying "The window should be closed.  If it was closed, this wouldn't have happened."  Let's look at that statement.  EVERYTHING else stays the same:

 

If the window is closed: Anello still picks up Chloe, holds her over the railing, somewhere close to the window, and drops her.  At minimum, she falls to the floor, hitting her body (and possibly her head), against the window, the window frame, the railing, and the floor.  At minimum she has bumps and bruises.  But she could easily end up with (depending on how she falls, what she hits, at what angle, and what force): sprains, broken bones, cuts, concussions, and possibly even death.

 

If Anello never holds her over the railing: She doesn't fall.  Therefore NO possibility of injuries.  

 

And this is Royal's fault HOW? 

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5 hours ago, Brisbane41 said:

Back to photos again.


I would estimate if the man in pink tried he would be able to get his head out the window.

 

If the measuring tape is correct would it be possible the man is 6'3?

rcdoll2.jpg

rcheight2.jpg

Been on that ship and many others many times. I am 5 foot 10 inches tall and have NO TROUBLE looking out to the sides and down from the clearly open windows on the pool decks on any of the dozens of ships we have sailed over the last 20+ years.

 

I have watched pier runners, fuel bunkering, pilots getting on and off and dozens of other events out of those windows.

The attached photo is from a video shot on the FREEDOM OTS along the bank of windows where the homicide took place.

Notice the woman looking out the window to the right..

Does she look like a giant?

Does it look like she can't tell the window was open?

Does ot look like she would have the slightest bit of trouble poking her head and even part of her shoulders to the outside of the window frame?? 

 

The lawyer should be disbarred  and forced to pay all court costs and legal fees encountered by RCCL.

free.JPG

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11 minutes ago, boscobeans said:

Been on that ship and many others many times. I am 5 foot 10 inches tall and have NO TROUBLE looking out to the sides and down from the clearly open windows on the pool decks on any of the dozens of ships we have sailed over the last 20+ years.

 

I have watched pier runners, fuel bunkering, pilots getting on and off and dozens of other events out of those windows.

The attached photo is from a video shot on the FREEDOM OTS along the bank of windows where the homicide took place.

Notice the woman looking out the window to the right..

Does she look like a giant?

Does it look like she can't tell the window was open?

Does ot look like she would have the slightest bit of trouble poking her head and even part of her shoulders to the outside of the window frame?? 

 

The lawyer should be disbarred  and forced to pay all court costs and legal fees encountered by RCCL.

free.JPG

I see what you did there. 😉

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1 hour ago, rusty nut said:

I can guarantee you, with absolute certainty, that Anello did not read the contract. That's what his lawyers are counting on. "You Honor, my client had no idea the railings were for safety, he didn't read the contract, how would he know."

The whole thing is a joke, really.


I agree with you.  
 

When the family he his travelling with is a lawyer and a LEO, you think the contract might have registered as something they would have reviewed.  Not to mention, they should/might have considered sharing with the GF.

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My daughter had a class that you had to have a doll for 48 hours to show you what it would be to have a baby as a teenager.  The doll cried but did not move, stiff arms/legs.  I kept telling her a real baby does not stay still like the doll while you are getting the baby dressed/diaper change.

 

The GD would be moving in the GF arms, maybe he lost his hold of her.  He should have left on the ground to bang on the window.

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7 minutes ago, tonit964 said:

You referred to it as a homicide.

 

Several offenses all fall under the main heading of HOMICIDE.

Legal Definition of homicide
1 : a person who kills another. 
2 : the killing of one human being by another (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence)

 

Criminal negligence refers to a mental state of disregarding known or obvious risks to human life and safety.

 

 

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3 hours ago, coffeebean said:

I was not the person who made this claim originally. I did not question the poster as you are questioning. I took it as fact. This is the internet, you know. I assumed what was reported about the drowning of the child and RCI losing the law suit was truth.

 

And again, that is my point. 

 

Stop posting misinformation. 

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1 hour ago, boscobeans said:

Been on that ship and many others many times. I am 5 foot 10 inches tall and have NO TROUBLE looking out to the sides and down from the clearly open windows on the pool decks on any of the dozens of ships we have sailed over the last 20+ years.

 

I have watched pier runners, fuel bunkering, pilots getting on and off and dozens of other events out of those windows.

The attached photo is from a video shot on the FREEDOM OTS along the bank of windows where the homicide took place.

Notice the woman looking out the window to the right..

Does she look like a giant?

Does it look like she can't tell the window was open?

Does ot look like she would have the slightest bit of trouble poking her head and even part of her shoulders to the outside of the window frame?? 

 

The lawyer should be disbarred  and forced to pay all court costs and legal fees encountered by RCCL.

 

You need to look up the meaning of homicide!

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