CHICAGO (CBS) — A federal judge has ruled that Royal Caribbean is not responsible for the death of a South Bend toddler.

Eighteen-month-old Chloe Wiegand died in July 2019 on Royal Caribbean’s Freedom of the Seas cruise ship, which was docked in San Juan, Puerto Rico. Her grandfather, Salvatore Anello, was holding the girl near an open window when she fell 11 stories.

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Anello and his attorneys have said he didn’t know the window was open when he lifted Chloe up so she could bang on the glass in a children’s play area, much like she used to do at her brother’s hockey games.

Chloe’s parents sued Royal Caribbean, saying there was no reason for the window to be open near a child’s play area.

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But a federal judge in Miami tossed the lawsuit, arguing the girl’s death was her grandfather’s fault, not the cruise line’s.

Anello pleaded guilty in Puerto Rico to negligent homicide in his granddaughter’s death. Puerto Rican authorities had charged him with the offense.

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He is currently serving probation in Indiana.

CBS 2 Chicago Staff