A judge threw out the family's lawsuit against the cruise line, arguing the grandfather should have known he was holding a toddler in an open window.
Graham threw out the suit before the case was set to go to trial in Florida next week.Winkelman told the"The family is surprised and deeply saddened by the court's ruling. This is a matter that should be decided by a jury, and we are confident and hopeful the appellate court will agree," Winkleman said.
"We will be filing the appeal shortly and we will continue to fight and raise awareness about the dangers of unintentional toddler window falls," he added."This case was always about Chloe and shining a light on her brief but beautiful life."
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