settlement on husbands disappearance
5 January 2007
Connecticut - Royal Caribbean Cruises has agreed to pay more than $1m to the estate of a man who vanished from his honeymoon cruise on the Mediterranean in 2005. The Florida-based company will pay $950 000 to the estate of George Allen Smith IV and reimburse his widow, Jennifer Hagel Smith, for legal costs up to $110 000.
Hagel Smith will start a fund in memory of her husband with an initial donation of $25 000 that the cruise line will match, according to a copy of the settlement obtained by The Associated Press.
The agreement was to be filed on Thursday afternoon in Greenwich probate court, which must approve the deal. Royal Caribbean and Hagel Smith reached the settlement last June, but terms were not disclosed until Thursday. Hagel Smith was found passed out. Smith, 26, of Greenwich, Connecticut, disappeared on July 5 2005 from Royal Caribbean's Brilliance of the Seas between Greece and Turkey after an apparent late night of drinking.
Hagel Smith was found passed out on a floor far from the couple's cabin, the cruise line has said. She says she has no recollection of what happened and has said she passed an FBI polygraph test.
The FBI has been investigating, but no one has been charged and no body has been recovered. Royal Caribbean denies any wrongdoing and does not admit to any liability for Smith's disappearance in the settlement with his widow.
The cruise line said when it reached the settlement with Hagel Smith that it wanted to "provide closure and move forward".
Hagel Smith said the settlement gives her access for the first time to records kept by Royal Caribbean, including vessel logs, security reports, door activity records, photographs, witness statements and correspondence with the FBI.
"My single goal continues to be to find answers regarding how George died," said Hagel Smith. Reaching a settlement in this case in no way shuts down the investigation." This proposed settlement provides the certainty of obtaining additional meaningful information surrounding George's death in a timely manner, which is very important to me."
Hagel Smith said $100 000 will go to her attorney for investigative costs and another $60 000 will be paid to forensic expert Dr Henry Lee to continue his investigation.
"I hope it will be recognised that my loyalty to George and his memory can never be measured in media appearances, allegations, lawsuits, or dollars and cents," said Hagel Smith, who appeared on The Oprah Winfrey Show.
Under state law, Hagel Smith will be entitled to the first $100 000 and 75% of the balance of the settlement after estate bills are paid, according to her attorney, Elizabeth Byrne. Smith's parents will be entitled to 25% of the balance after the initial $100 000 is paid to his widow, said Byrne
Maritime law limits settlements to economic damages such as lost wages, rather than other damages such as pain and suffering, added Byrne.
Hagel Smith's settlement caused a rift with Smith's parents and sister, who sued Royal Caribbean, accusing the company of a cover-up that hindered the investigation. The lawsuit by Smith's family was dismissed in November, but Smith attorney Brett Rivkind has filed an amended complaint.