UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

BROWARD DIVISION

CASE NO. 0:20-cv-61125

ZELMA MCGRADY and

CHARNELL HUGGINS,

Plaintiffs,

v.

BPCL MANAGEMENT, LLC D/B/A 

BAHAMAS PARADISE CRUISE LINE; 

CRUISE OPERATOR, INC. D/B/A BAHAMAS

PARADISE CRUISE LINE; AND PARADISE

CRUISE LINE OPERATOR LTD. INC.

D/B/A BAHAMAS PARADISE CRUISE LINE

Defendants.

______________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs, ZELMA MCGRADY and CHARNELL HUGGINS, sue Defendants, BPCL 

MANAGEMENT, LLC d/b/a BAHAMAS PARADISE CRUISE LINE; CRUISE 

OPERATOR, INC. d/b/a BAHAMAS PARADISE CRUISE LINE; and PARADISE CRUISE 

LINE OPERATOR LTD. INC. d/b/a BAHAMAS PARADISE CRUISE LINE and state:

JURISDICTION AND VENUE

1. At all times material hereto, Plaintiff, ZELMA MCGRADY, is and was a 

resident of Palm Beach County, Florida.

2. At all times material hereto, Plaintiff, CHARNELL HUGGINS, is and was a 

resident of Palm Beach County, Florida.

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3. At all times material hereto, Defendant, BPCL MANAGEMENT, LLC, d/b/a 

BAHAMAS PARADISE CRUISE LINE is a corporation with its principal place of business 

in Florida and is subject to the jurisdiction and venue of this Court and service can be had 

on its registered agent at 100 W. Cypress Creek Road, Suite 640, Fort Lauderdale, 

Florida 33309.

4. At all times material hereto, Defendant, CRUISE OPERATOR, INC. d/b/a 

BAHAMAS PARADISE CRUISE LINE is a corporation with its principal place of business 

in Florida and is subject to the jurisdiction and venue of this Court and service can be had 

on its registered agent at 100 W. Cypress Creek Road, Suite 640, Fort Lauderdale, 

Florida 33309.

5. At all times material hereto, Defendant, PARADISE CRUISE LINE 

OPERATOR LTD. INC. d/b/a BAHAMAS PARADISE CRUISE LINE is a corporation with 

its principal place of business in Florida and is subject to the jurisdiction and venue of this 

Court and service can be had on its registered agent at CT Corporation System, 1200 

South Pine Island Road, Plantation, Florida 33324.

6. Plaintiffs have complied with all pre-suit requirements of the passenger 

ticket contract.

7. The causes of action in this complaint arise under the general maritime law 

of the United States.

8. This matter in controversy exceeds, exclusive of interest and costs, the sum 

specified in 28 U.S.C §1332.

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9. At all times material to this action, each of the Defendants owned, operated, 

managed, supervised and controlled the ocean-going passenger vessel known as the 

Grand Celebration. 

10. On or about June 21, 2019, the Plaintiffs, ZELMA MCGRADY and 

CHARNELL HUGGINS, were lawfully on board the vessel Grand Celebration as 

passengers, customers and/or business invitees.

11. At all times material to this action, Defendants owed Plaintiffs a duty to 

exercise reasonable care in all the circumstances, including following all reasonable 

safety precautions for passengers including, but not limited to Plaintiffs while Plaintiffs 

were aboard the ship.

FACTUAL ALLEGATIONS

12. While on the Grand Celebration cruise ship for a family reunion, Plaintiff, 

ZELMA MCGRADY, was sitting on her rollator walker and being pushed by her 

granddaughter, CHARNELL HUGGINS, on the sixth floor.

13. As Plaintiffs traversed through the hallway, the two front wheels of the 

walker hit an elevated and loose metal “Watch Your Step” door sill on the floor. 

14. As a result, the walker’s rear wheels came up and caused the walker and 

Plaintiff, ZELMA MCGRADY, to flip backward and land directly on her back and head and 

caused Plaintiff, CHARNELL HUGGINS, to also fall on the floor next to her grandmother.

COUNT I: NEGLIGENCE BY BPCL MANAGEMENT, LLC

15. Plaintiffs incorporate the allegations in paragraphs 1 through 14 as though 

alleged herein.

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16. That on or about June 21, 2019, Defendant, BPCL MANAGEMENT, LLC 

d/b/a BAHAMAS PARADISE CRUISE LINE, owed its passengers, customers and/or 

business invitees the following duty of care:

a.) To properly maintain its hallways and floors in about the ship.

b.) To provide a safe and secure environment and appropriate flooring in and 

about the ship.

c.) To exercise reasonable care to maintain the premises in a reasonably safe 

condition.

d.) To inspect and correct dangerous conditions that Defendant knew of or should 

have reasonably known of; and

e.) To give timely notice of any patent, latent or concealed dangerous conditions 

that Defendant knew of or should have reasonably known of.

17. That on or about June 21, 2019, Defendant BPCL MANAGEMENT, LLC 

d/b/a BAHAMAS PARADISE CRUISE LINE, by and through authorized representatives

or employees breached its duties to Plaintiffs by:

a.) Failing to adequately and properly maintain the hallways and floors in and 

about the ship which created a dangerous condition.

b.) Failing to provide a safe and secure environment by allowing a door sill on the 

floor to be elevated and loose which created a dangerous condition for 

passengers to walk thereon.

c.) Failing to adequately and properly maintain the real property in and about the 

ship utilized by passengers in a safe, suitable and secure condition by not 

removing a dangerous door sill on the floor which was permitted to remain for 

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an unreasonable length of time, or to protect areas in which passengers were 

obliged to walk, without any warning, creating a dangerous condition.

d.) Failing to inspect and correct dangerous conditions that Defendant knew of or 

should have reasonably known of.

e.) To give timely notice of the aforementioned dangerous conditions and/or of 

patent, latent or concealed dangerous conditions that Defendant knew of or 

should have reasonably known of; and

f.) Failing to take adequate safety measures and precautions to protect 

passengers such as Plaintiffs from the dangerous condition/concealed perils 

as set forth herein.

18. Defendant, BPCL MANAGEMENT, LLC d/b/a BAHAMAS PARADISE 

CRUISE LINE, knew and/or in the alternative should have known of the aforesaid 

dangerous conditions in and about the ship for which it had a duty to the public to 

maintain, but failed to warn and/or notify Plaintiffs, ZELMA MCGRADY and CHARNELL 

HUGGINS, of said dangerous condition.

19. That as a direct and proximate result of the aforementioned negligence on 

the part of the Defendant, BPCL MANAGEMENT, LLC d/b/a BAHAMAS PARADISE 

CRUISE LINE, Plaintiffs, ZELMA MCGRADY and CHARNELL HUGGINS, did fall 

violently to the ground, and suffered bodily injury and resulting pain and suffering, 

disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, 

expense of hospitalization, medical and nursing care and treatment. The losses are either 

permanent or continuing and Plaintiffs will suffer losses in the future.

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WHEREFORE, Plaintiffs, ZELMA MCGRADY and CHARNELL HUGGINS, 

demand judgment against the Defendant, BPCL MANAGEMENT, LLC d/b/a BAHAMAS 

PARADISE CRUISE LINE, for damages in excess of the minimal jurisdictional limits of 

this court and further demands a jury trial of all issues so triable as a matter of right.

COUNT II: NEGLIGENCE BY CRUISE OPERATOR, INC.

20. Plaintiffs incorporate the allegations in paragraphs 1 through 14 as though 

alleged herein.

21. That on or about June 21, 2019, Defendant, CRUISE OPERATOR, INC. 

d/b/a BAHAMAS PARADISE CRUISE LINE, owed its passengers, customers and/or 

business invitees the following duty of care:

a.) To properly maintain its hallways and floors in about the ship.

b.) To provide a safe and secure environment and appropriate flooring in and 

about the ship.

c.) To exercise reasonable care to maintain the premises in a reasonably safe 

condition.

d.) To inspect and correct dangerous conditions that Defendant knew of or should 

have reasonably known of; and

e.) To give timely notice of any patent, latent or concealed dangerous conditions 

that Defendant knew of or should have reasonably known of.

22. That on or about June 21, 2019, Defendant CRUISE OPERATOR, INC. 

d/b/a BAHAMAS PARADISE CRUISE LINE, by and through authorized representatives

or employees breached its duties to Plaintiffs by:

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a.) Failing to adequately and properly maintain the hallways and floors in and 

about the ship which created a dangerous condition.

b.) Failing to provide a safe and secure environment by allowing a door sill on the 

floor to be elevated and loose which created a dangerous condition for 

passengers to walk thereon.

c.) Failing to adequately and properly maintain the real property in and about the 

ship utilized by passengers in a safe, suitable and secure condition by not 

removing a dangerous door sill on the floor which was permitted to remain for 

an unreasonable length of time, or to protect areas in which passengers were 

obliged to walk, without any warning, creating a dangerous condition.

d.) Failing to inspect and correct dangerous conditions that Defendant knew of or 

should have reasonably known of.

e.) To give timely notice of the aforementioned dangerous conditions and/or of 

patent, latent or concealed dangerous conditions that Defendant knew of or 

should have reasonably known of; and

f.) Failing to take adequate safety measures and precautions to protect 

passengers such as Plaintiffs from the dangerous condition/concealed perils 

as set forth herein.

23. Defendant, CRUISE OPERATOR, INC. d/b/a BAHAMAS PARADISE 

CRUISE LINE, knew and/or in the alternative should have known of the aforesaid 

dangerous conditions in and about the ship for which it had a duty to the public to 

maintain, but failed to warn and/or notify Plaintiffs, ZELMA MCGRADY and CHARNELL 

HUGGINS, of said dangerous condition.

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24. That as a direct and proximate result of the aforementioned negligence on 

the part of the Defendant, CRUISE OPERATOR, INC. d/b/a BAHAMAS PARADISE 

CRUISE LINE, Plaintiffs, ZELMA MCGRADY and CHARNELL HUGGINS, did fall 

violently to the ground, and suffered bodily injury and resulting pain and suffering, 

disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, 

expense of hospitalization, medical and nursing care and treatment. The losses are either 

permanent or continuing and Plaintiffs will suffer losses in the future.

WHEREFORE, Plaintiffs, ZELMA MCGRADY and CHARNELL HUGGINS, 

demand judgment against the Defendant, CRUISE OPERATOR, INC. d/b/a BAHAMAS 

PARADISE CRUISE LINE, for damages in excess of the minimal jurisdictional limits of 

this court and further demands a jury trial of all issues so triable as a matter of right.

COUNT III: NEGLIGENCE BY PARADISE CRUISE LINE OPERATOR LTD. INC.

25. Plaintiffs incorporate the allegations in paragraphs 1 through 14 as though 

alleged herein.

26. That on or about June 21, 2019, Defendant, PARADISE CRUISE LINE

OPERATOR LTD. INC. d/b/a BAHAMAS PARADISE CRUISE LINE, owed its 

passengers, customers and/or business invitees the following duty of care:

a.) To properly maintain its hallways and floors in about the ship.

b.) To provide a safe and secure environment and appropriate flooring in and 

about the ship.

c.) To exercise reasonable care to maintain the premises in a reasonably safe 

condition.

Case 0:20-cv-61125-RKA Document 1 Entered on FLSD Docket 06/08/2020 Page 8 of 11
d.) To inspect and correct dangerous conditions that Defendant knew of or should 

have reasonably known of; and

e.) To give timely notice of any patent, latent or concealed dangerous conditions 

that Defendant knew of or should have reasonably known of.

27. That on or about June 21, 2019, Defendant PARADISE CRUISE LINE

OPERATOR LTD. INC. d/b/a BAHAMAS PARADISE CRUISE LINE, by and through 

authorized representatives or employees breached its duties to Plaintiffs by:

a.) Failing to adequately and properly maintain the hallways and floors in and 

about the ship which created a dangerous condition.

b.) Failing to provide a safe and secure environment by allowing a door sill on the 

floor to be elevated and loose which created a dangerous condition for 

passengers to walk thereon.

c.) Failing to adequately and properly maintain the real property in and about the 

ship utilized by passengers in a safe, suitable and secure condition by not 

removing a dangerous door sill on the floor which was permitted to remain for 

an unreasonable length of time, or to protect areas in which passengers were 

obliged to walk, without any warning, creating a dangerous condition.

d.) Failing to inspect and correct dangerous conditions that Defendant knew of or 

should have reasonably known of.

e.) To give timely notice of the aforementioned dangerous conditions and/or of 

patent, latent or concealed dangerous conditions that Defendant knew of or 

should have reasonably known of; and

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f.) Failing to take adequate safety measures and precautions to protect 

passengers such as Plaintiffs from the dangerous condition/concealed perils 

as set forth herein.

28. Defendant, PARADISE CRUISE LINE OPERATOR LTD. INC. d/b/a 

BAHAMAS PARADISE CRUISE LINE, knew and/or in the alternative should have known 

of the aforesaid dangerous conditions in and about the ship for which it had a duty to the 

public to maintain, but failed to warn and/or notify Plaintiffs, ZELMA MCGRADY and 

CHARNELL HUGGINS, of said dangerous condition.

29. That as a direct and proximate result of the aforementioned negligence on 

the part of the Defendant, PARADISE CRUISE LINE OPERATOR LTD. INC. d/b/a 

BAHAMAS PARADISE CRUISE LINE, Plaintiffs, ZELMA MCGRADY and CHARNELL 

HUGGINS, did fall violently to the ground, and suffered bodily injury and resulting pain 

and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment 

of life, expense of hospitalization, medical and nursing care and treatment. The losses 

are either permanent or continuing and Plaintiffs will suffer losses in the future.

WHEREFORE, Plaintiffs, ZELMA MCGRADY and CHARNELL HUGGINS, 

demand judgment against the Defendant, PARADISE CRUISE LINE OPERATOR LTD.

INC. d/b/a BAHAMAS PARADISE CRUISE LINE, for damages in excess of the minimal 

jurisdictional limits of this court and further demands a jury trial of all issues so triable as 

a matter of right.

DEMAND FOR JURY TRIAL

Plaintiffs respectfully demand a trial by jury on all matters so triable.

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By: /s/ Gary D. Gelch_________________

GARY D. GELCH 

Florida Bar No. 0059048

GELCH & ASSOCIATES, P.A.

Attorneys for Plaintiffs

8751 W. Broward Blvd., Suite 305

Plantation, FL 33324

Telephone: (954) 424-6100

Facsimile: (954) 424-6112

serviceofcourtdocument@gelchlaw.com

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