Shantelle Taylor was aged 14 when she was struck on the ankle by a sun lounger, after a gust of wind blew it at her on a P&O liner off the British Virgin Islands in 2004.
She was initially thought to have suffered only a soft tissue injury but her family say she is stricken with debilitating chronic pain syndrome.
P&O obtained expert evidence that cast doubt at whether the wind was strong enough to have moved a sun lounger.
The trial judge at the Manchester County Court rejected the Claimant’s damages claim finding that she did not see the sun lounger and may have simply tripped over it.
On 15 October 2012 the Court of Appeal backed the County Court’s decision.
The Claimant’s claim failed and a cost order of £300,000 has been made against her.