Opinion
Case Number: 08-21418-CIV-MORENO.
July 29, 2008
ORDER GRANTING MOTION TO DISMISS COUNT II
THIS CAUSE came before the Court upon Defendants NCL (Bahamas) Ltd. and NCL America, Inc.'s Motion to Dismiss Count II of Plaintiffs' Amended Complaint (D.E. No. 6), filed on July 9, 2008 .
THE COURT has considered the motion and the pertinent portions of the record, and being otherwise fully advised in the premises, it is
ADJUDGED that the motion is GRANTED and Count II of the Complaint is therefore DISMISSED.
A claim for loss of consortium is not permitted under general maritime law, and therefore must be dismissed. See In re Amtrak "Sunset Limited" Train Crash, 121 F.3d 1421, 1429 (11th Cir. 1997); Miles v. Apex Marine, 498 U.S. 19, 33 (1990). Furthermore, Plaintiff Robert Albertelli's claim of "other losses and damages" in the Complaint is insufficient to defeat a Rule 12(b)(6) dismissal for failure to state a claim upon which relief can be granted. It is also
ORDERED that Plaintiff ROBERT ALBERTELLI shall be terminated as a party in this suit.
DONE AND ORDERED in Chambers at Miami, Florida.