A judge threw out the family's lawsuit against the cruise line, arguing the toddler's grandfather should have known he was holding the girl in an open window
to negligent homicide last year in his granddaughter's death. Anello has repeatedly said that he did not know the window was open, while the cruise company has released images they say prove Anello leaned out the window and therefore knew it was open.In his ruling, however, Graham wrote: "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.
Graham concluded: “The true risk-creating danger here was Mr. Anello lifting a child up to an open window. The Plaintiffs have provided no evidence showing the Defendant was on notice of that danger.", contending that the company failed to "adequately mark the open windows" and "install safety prevention devices," among other grievances.Story continuesWinkelman told the"The family is surprised and deeply saddened by the court's ruling.
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