A DECISION will be made later on the amount of damages to be paid to a Longford schoolgirl over injuries suffered in a horrific crash in which her younger sister and a friend died.
Faith Varden-Carberry (12), Clonguish Court, Newtownforbes, had, through her grandfather Anthony Carberry, sued her mother Mary Carberry; her father Thomas Varden, Renville Village, Oranmore, Co Galway, and the Motor Insurance Bureau of Ireland over the incident in November 2007.
Faith, then aged seven, was a passenger in a car driven by her mother, who was banned from driving at the time and uninsured, which crashed into a clay embankment on a disused road outside Edgeworthstown, killing her sister Ava (6) and a friend, Michaela Logan. Another child passenger in the car also suffered injuries.
Mary Carberry, Clonguish Court, a chronic alcoholic, was later jailed for four years in relation to the crash.
Judgment was previously obtained against her mother while the case against her father, as owner of the car, and the MIBI opened before Mr Justice Iarfhlaith O’Neill this week.
The judge was asked to decide liability but was told yesterday a settlement had been reached on that issue and the matter would proceed against the bureau only for assessment of damages.
Liam Reidy SC told Mr Justice O’Neill the issue before the court on liability between the bureau and Thomas Varden had been settled and the main case of assessment of damages could be adjourned for three weeks.
Mr Justice O’Neill said he was glad the parties had reached agreement in what was a difficult case.
The court previously heard that Faith underwent surgery after the crash and was transferred to Our Lady’s Children’s Hospital, Crumlin, where she was in a spinal cast for about 10 weeks.
It was claimed Faith suffered severe psychological trauma and upset in circumstances where her sister had been killed in the crash. She attended a child psychologist for three months afterwards.
Mr Varden, the court had heard, did not deny he was the owner of the car but claimed the car was being driven by Ms Carberry without his authority.
In his evidence, Mr Varden said he met Carberry when he was aged 60 and she was 23. She was hitchhiking and had received treatment in a psychiatric hospital. They had two children but never lived together. He provided for the children and visited them.