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Posted: Mon, 04 Jun 2018 05:00:04 GMT

A FAMILY holiday to celebrate Christmas has turned into a painful ordeal for a young woman who was injured by pieces of ceiling that fell on her during a P&O cruise.

Wollongong woman Montana Smith, 21, was 14 years old when the incident happened on the Pacific Jewel in 2011, just two days after Christmas.

She 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 Ms Smith, as the young woman said her injuries have left her in ongoing pain that made her teenage years difficult.

“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,” Ms Smith 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 court heard Ms Smith was standing in a companionway with her cousins when the panels dropped and landed on her.

After months of visits to doctors and specialists, Ms Smith was found to have suffered an injury to her cervical spine — the neck vertebrae.

The injury has so far cost more than $8000 in medical treatment, including painful injections, which has so far been unable to alleviate her pain.

She is still likely to need surgery, more than six years after the incident.

The court heard Ms Smith was a gifted athlete and dancer but many of her hobbies were impeded by her injury.

But she managed to persevere, finishing her HSC with a score of more than 90 and completing a degree 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. Justice Campbell ordered the company to pay $445,000 in damages, including the cost of likely surgery to her spine.

He said even with surgery Ms Smith was likely to always experience pain.

Ms Smith told the Herald she was now focused on her upcoming surgery and pursuing work in the public sector.

“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.”

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