Judge rules Michiana family can sue after toddler falls from cruise ship

NBC CHICAGO
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(WNDU/NBC News) - A federal judge refused to stop a lawsuit filed by the Michiana parents of 18-month old Chloe Wiegand, who fell to her death off a cruise ship last year.

NBC News reports, Royal Caribbean Cruises sought to end the federal civil action by Alan and Kim Wiegand.

The toddler died after she fell from the arms of her grandfather, Salvatore “Sam” Anello. The family blames Royal Caribbean because the cruise line didn’t “adequately mark the open windows so that they are apparent to passengers.”

The family said Chloe's grandfather is colorblind so there's no way he could have seen, without warning signs, that the green-tinted windows on the upper deck near the kids' play area were open.

Jonathon Fishman, a spokesman for the cruise line, said Royal Caribbean will be filing another motion to dismiss the lawsuit "in upcoming days."

The cruise line claims it has photos and video showing Anello leaning out the windows and that he must have known they were open.