Judge dismisses suit against cruise line by family of missing man
GREENWICH, Conn. --A Miami judge has dismissed a lawsuit filed against Royal Caribbean by the family of a Greenwich man who disappeared from a honeymoon cruise.
Judge Jon
"It's a setback, of course, but it's not the end," maritime lawyer Brett Rivkind told Greenwich Time Thursday. "The Smith family isn't discouraged. Whether the Smith family won or lost, the issue is going to be decided in an appellate court."
Royal Caribbean welcomed the dismissal.
"For some time, we have said that a fair, accurate and objective review of the facts would clearly demonstrate that the lawsuit was completely baseless," the cruise line said in a statement. "The court's decision upholds the validity of our position. Although we will not be surprised if the suit is refiled in some amended fashion, we are confident that the outcome will be the same. We continue to extend our sympathies to the Smith family for the tragic loss of their son."
Smith disappeared from the Brilliance of the Seas while on a honeymoon cruise in the Aegean Sea on July 5, 2005. His body was not recovered, though bloodstains were found on an awning underneath the newlywed's cabin balcony.
The FBI is still investigating.
His disappearance became one of the most publicized cases of a missing passenger aboard a cruise ship, sparking congressional hearings on maritime security and a federal bill requiring cruise lines to report cases of missing passengers and crimes to the Department of Homeland Security.
Smith's parents and sister believe the 26-year-old Greenwich man was murdered, and allege in their lawsuit filed in June that the cruise company tried to cover up the incident to avoid liability and negative publicity.
Royal Caribbean representatives have said the cruise line exceeded its legal requirements when it contacted the FBI and other authorities immediately after learning about Smith's disappearance.
