A judge has dismissed a lawsuit filed against a cruise company after a man disappeared from his honeymoon cruise, the company, Royal Caribbean, said Wednesday.The family of George Allen Smith IV filed the lawsuit after he disappeared from the Brilliance of the Seas while on a cruise in the Aegean Sea on July 5, 2005. His body was not recovered, but bloodstains were found on an awning underneath the newlywed’s cabin balcony. The FBI is still investigating.
Royal Caribbean agreed earlier this month to pay more than $1 million to Smith’s estate. His widow accepted the deal, but his parents and sister dismissed it as a “sellout.”
The attorney for Smith’s family vowed to appeal the Miami judge’s decision on the lawsuit.
Smith’s disappearance became one of the most publicized cases of a missing cruise ship passenger, leading to congressional hearings on maritime security and a federal bill requiring cruise lines to report cases of missing passengers and crimes to the U.S. Department of Homeland Security.
Smith’s parents and sister alleged in their lawsuit that the cruise company tried to cover up the incident to avoid liability and negative publicity.
The lawsuit, a version of an earlier lawsuit filed by the family, was dismissed with prejudice, meaning it cannot be refiled, but the decision can be appealed, according to Royal Caribbean.
“We believe the court’s decision to dismiss both of the Smiths’ lawsuits - most recently with prejudice - upholds the validity of our position,” Royal Caribbean said in a statement.
“We think the decision is not well-reasoned,” said Brett Rivkind, attorney for Smith’s family. “We’re confident an appeal court will conclude that the conduct that has been alleged is sufficient to rise to a level of outrageous conduct. A jury should decide.”
Royal Caribbean representatives have said the company exceeded its legal requirements when it contacted the FBI and other authorities immediately after learning about Smith’s disappearance.