A young girl who was injured whilst holidaying on board the Pacific Jewel when she was hit on the head by falling ceiling panels, has been awarded more than $400,000 in damages.
Background
On 27 December 2011, 14-year-old Montana Smith was on board a Carnival Cruise, the “Pacific Jewel”, with her family for a Christmas holiday cruise. On the second last day of the cruise, Miss Smith was standing in a companionway with two of her cousins waiting for a friend to join them when three ceiling panels suddenly fell, hitting her on the head and left shoulder on their way to the floor.
Miss Smith was struck on the left side of her head. She did not lose consciousness, but felt sore and shocked. She noticed a lump on top of her head and suffered immediate pain in her head. By the time the ship docked in Sydney Harbour the following day, Miss Smith was suffering pain in her neck and in her left shoulder. She was later diagnosed with a disc injury.
Court proceedings
Miss Smith commenced proceedings in the Supreme Court of New South Wales against Carnival, in negligence and claimed damages.
Carnival admitted liability and the matter proceeded to hearing as to damages only.
His Honour Campbell J awarded Miss Smith total damages in the sum of $445,372.00, including non-economic loss of $202,000.
For more information on the above contact Joe Bonura on (02) 4626 5077 or jbonura@marsdens.net.au.
This article first appeared in the CCH Australian Tort, Personal Injury, Health and Medical Law Tracker and is reproduced in full with permission from CCH, a division of Wolters Kluwer Australia: www.wolterskluwer.cch.com.au
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