A pleasure cruise turned into a nightmare for two passengers who are now seeking justice in court. Jillian Nicole Pacey and Stephen Forrest filed a complaint on November 18, 2025, in the United States District Court for the Eastern District of North Carolina against Sunshine Yachts, Inc., Ervin D. Britt, and the motor yacht M/V FIVE O’CLOCK II. The plaintiffs allege negligence on the part of the defendants that led to severe injuries during a maritime incident.
The lawsuit stems from an incident on December 31, 2022, when Pacey and Forrest were aboard the M/V FIVE O’CLOCK II, operated by Ervin D. Britt. The vessel embarked on a journey from Carolina Beach, North Carolina to Barefoot Landing in North Myrtle Beach, South Carolina. According to the complaint, Britt relied on outdated navigational charts which had not been updated since Sunshine Yachts purchased the vessel in October 2022. As they navigated through foggy conditions and later accelerated in clear weather south of Oak Island, the yacht ran aground near Shallotte River due to shoaling conditions that were well-documented but ignored by Britt.
The plaintiffs claim that Britt failed to operate at a safe speed given the water depth and neglected to keep a proper lookout or consult up-to-date navigational aids such as Local Notices to Mariners and U.S. Army Corps of Engineers hydrographic surveys. This alleged negligence resulted in rapid deceleration upon grounding, causing Pacey and Forrest to sustain significant injuries.
Jillian Nicole Pacey suffered extensive injuries including fractures requiring surgery, spinal injuries necessitating further medical procedures, chronic pain conditions like cervicogenic headaches and migraines, as well as mental anguish leading to depression and anxiety. Her medical expenses have already amounted to $455,865.61 with ongoing costs anticipated. Additionally, her inability to return to work has resulted in lost earnings totaling $144,404.16 so far.
Stephen Forrest also endured serious harm including a concussion with near syncopal episodes and deep vein thrombosis among other injuries following his forceful impact with parts of the vessel during the accident. His medical expenses currently stand at $7,870.60.
In their legal filing prepared by attorney Stevenson L. Weeks from Wheatly Law Group P.A., Pacey seeks compensatory damages amounting to $1.5 million while Forrest requests $100,000 from Sunshine Yachts Inc., Ervin D. Britt personally (in personam), and the yacht itself (in rem). They also seek pre-judgment interest along with post-judgment interest plus any additional relief deemed appropriate by this Honorable Court.
This case is presided over under Civil Action Number: 7:25-cv-1568 by Judge Louise W Flanagan who will deliberate over these claims rooted deeply within admiralty law principles due primarily because it involves incidents occurring upon navigable waters affecting commerce between states or foreign nations—a key jurisdictional element here brought forward under General Maritime Law provisions codified within Title 28 U.S.C §1333(1).
Source: 725cv01568_Pacey_v_Sunshine_Yachts_Inc_Complaint_Eastern_District_North_Carolina.pdf
