Wife settles, but Smith family sues Royal Caribbean

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As the one-year deadline approached for filing suit over George Smith IVs disappearance during a July 2005 Royal Caribbean cruise, three actions were taken.

Smiths wife, Jennifer Hagel Smith, reached a settlement with Royal Caribbean. Smiths father, mother and sister decided to proceed with litigation. Meanwhile, the Smiths congressman, Rep. Christopher Shays (R-Conn.) introduced legislation, the Cruise Line Accurate Safety Statistics Act, to tighten regulations on the reporting of crimes and disappearances on ships.

The Smith familys suit accused Royal Caribbean of outrageous conduct causing severe emotional distress in its handling of the incident and its communication with Smiths family in the aftermath of Smiths disappearance on his honeymoon cruise. 

The cruise line denied the allegations and said its reaction was proper.

James Walker, Hagel Smiths attorney, said his client accepted a settlement from Royal Caribbean because she believes it is the best way to get answers about what happened to Smith.

As part of the settlement, the cruise line agreed to open its files, making available all the security logs, surveillance videos, room service records, phone records, door lock activity data and the cruise lines documents from its attorneys and from communications with Turkish police, Bahamian authorities, the U.S. Coast Guard and interviews with passengers and crew members, Walker said.

Very little of that would have been available if Hagel Smith had elected to pursue litigation, Walker said.

The settlement must be approved by the probate court of Greenwich, Conn. The Smith family, which has the right to voice objections at a hearing at the court, can continue its lawsuit whether or not the settlement is approved, Walker said.

The information released by the cruise line under the settlement will not be available to the public or to Smith family members pursuing litigation. It will be turned over to investigators hired by Hagel Smith who are working in cooperation with the FBI investigation.

The bill introduced by Shays would require the owner of any ship that calls at a U.S. port to report to the Coast Guard any crimes or missing-person incidents involving a U.S. citizen within four hours of the captain being informed.

Cruise lines would have to submit quarterly reports including each crime, missing person or man overboard case, and make the information available on the Internet.

The Dept. of Homeland Security would have to inspect each cruise ship that docks in the U.S. to ensure that the ship has adequate equipment and trained personnel to investigate crimes.

Also, cruise lines would have to refer guests to an Internet site with cruise crime statistics and provide the location of the U.S. embassy and consulate in each country visited. Violations would be punishable by fines of up to $250,000.

To contact reporter David Cogswell, send e-mail to [email protected].

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