Young woman wins $455K cruise payout
A family holiday turned into a nightmare ordeal for a girl who was injured by pieces of ceiling that fell on her during a P&O cruise.
Montana Smith, from Wollongong in New South Wales, was 14 years old when the incident occurred on the Pacific Jewel in 2011, just two days after Christmas.
Montana, now 21, was struck on the head and shoulder by three ceiling panels – each about one metre long and 15cm thick – while she was standing on a staircase on the ship.
The NSW Supreme Court has ordered P&O to pay more than $400,000 in damages to Montana, who says she still suffers to this day with ongoing pain.
“While my friends’ biggest decisions were what they were doing on the weekend, or what subjects they were picking for school, my decisions were focused around what painkillers I had to have every day to manage my pain to a level in which I can sit my exams, or when to have four needles injected into my spine, whilst I was awake, in an attempt to lessen the pain,” Montana told the Sydney Morning Herald.
“My whole teenage years were altered completely and I was dealing with regular teenage things such as the HSC, as well as my eight doctors, a legal case, 12 painkillers a day, the psychological effects of suffering an injury like this at 14, and accepting that I will live with pain most probably for the rest of my life.”
The falling panels caused injury to Montana’s cervical spine – the neck vertebrae – and have so far costs more than $8000 in medical treatment, including painful injections, which have not been able to alleviate her pain. She is still likely to need surgery.
The court heard Montana was a gifted athlete and dancer prior to the injury. She still managed to finish her HSC and is currently studying at the University of Sydney while working part time.
“Although she has done well in life so far, I accept that it has not been easy for her and that she has needed help and consideration to achieve what she has so far,” Supreme Court judge Stephen Campbell told the court.
“Doubtless her own determination is a credit to her.”
P&O admitted it breached its duty of care and Justice Campbell ordered the company to pay $445,000 in damages, including the cost of likely surgery to her spine.
Montana told the Herald she was now focused on her upcoming surgery.
“Nothing will ever make up for what happened, the ways in which is altered my life, and the fact that I have been in pain every day since I was 14 years old,” she said.
“However, I am glad that the legal side of things are over.
“Now I can concentrate on moving towards having my neck surgery and recovering from that.”