Answer: Grant the motion, because there is no evidence that the crew operated the ship negligently.
The court should rule by granting the cruise ship owner's motion due to the fact that the passenger has not been able to establish a case of negligence against the ship.
It should be noted that in order to establish a prima facie case for negligence, the plaintiff in this case must be able to show a duty of care, then a breach of that duty, a proximate cause, and the damages. However, in this case, the passenger doesn't have enough evidence to back up his claim.
The five most important Federal fraud and abuse laws that apply to physicians are the False Claims Act (FCA), the Anti-Kickback Statute (AKS), the Physician Self-Referral Law (Stark law), the Exclusion Authorities, and the Civil Monetary Penalties Law (CMPL). Government agencies, including the Department of Justice, the Department of Health & Human Services Office of Inspector General (OIG), and the Centers for Medicare & Medicaid Services (CMS), are charged with enforcing these laws. As you begin your career, it is crucial to understand these laws not only because following them is the right thing to do, but also because violating them could result in criminal penalties, civil fines, exclusion from the Federal health care programs, or loss of your medical license from your State medical board.