Wednesday 20 September 2017

€1.5m for boy injured in car driven by banned alcoholic

Tim Healy

A NINE-YEAR-OLD boy who suffered serious injuries in a car crash in which his sister and her best friend were killed has settled his damages action for €1.5m.

John Logan was only four when he was a passenger in the car driven by Mary Carberry, an alcoholic who was uninsured and banned from driving.

John's sister Michaela (9) and her friend, Mary Carberry's daughter Ava (6), were both killed. Ava's sister Faith was also injured.

Mary Carberry, of Clonguish Court, Newtownforbes, Co Longford, was later sentenced to six years' imprisonment, with two years suspended.

Yesterday, the president of the High Court, Mr Justice Nicholas Kearns, approved the €1.5m settlement against the Motor Insurance Bureau of Ireland (MIBI). It compensates the victims of uninsured drivers.

The judge wished the little boy well in the future.

During the case, senior counsel Declan McGovern said John was a back-seat passenger when the car hit the embankment outside Edgeworthstown on November 26, 2007.

He said John suffered an Erb's palsy injury to his arm and that as a result of a head injury he still has language and learning difficulties.

John, of Chambers Park, Kilcock, Co Kildare, had sued the driver, Ms Carberry, and several other parties. The case against the other parties was struck out.

Last November, Ms Carberry's daughter, Faith Varden Carberry, settled her action against MIBI for €200,000.

At an earlier hearing to decide liability in that case, the High Court heard from Faith's father, Thomas Varden, who said that when Mary Carberry was banned from driving, she put the children on the phone to him, saying they were cold and wet walking to school.

"She was seeking for me to purchase a car and somebody who was insured and had a full licence would drive it," he told the court.

He said Ms Carberry was in Alcoholics Anonymous.

He bought a car for €14,000. On the night of the accident, he discovered that Mary Carberry had been driving.

He said: "I was angry. I'm still very angry. No way would I have given her the car if I thought she was going to use it that way."

Irish Independent

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