PUERTO RICO (WXIN) -- Royal Caribbean says a northern Indiana man knew a window was open just moments before he picked up his step-granddaughter and lost his grip.
Chloe Wiegand, 18 months old, fell to her death in July. Her family is suing the cruise line for negligence.
According to court documents, Royal Caribbean says video proof shows Salvatore Anello knew the window was open, even saying he leaned his upper body out that window before picking up Chloe.
Royal Caribbean also included images from their surveillance video in the lawsuit. They say there are two closed-circuit television cameras which captured the events leading to the fall. One photo appears to show Anello staying in front of the open window, which was 11 decks high off the ground, while holding Chloe for approximately 34 seconds before she fell.
Royal Caribbean says the "only reasonable conclusion from the video" is that Anello knew the window was open before lifting Chloe over the wooden rail and holding her out the open window for a "considerable period," thus "recklessly endangering her life."
Anello says he's colorblind and didn't realize the 11th story window was open, but Royal Caribbean says video evidence proves it doesn't matter because he knew the window was open.
Anello is charged with negligent homicide in Puerto Rico.