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 High Court damages action for €1.5m.
John Logan was only four years of age when the car driven by Mary Carberry, an alcoholic who was uninsured and banned from driving, crashed in to a mud embankment outside Edgeworthstown, Co Longford six years ago.
John's sister Michael, aged nine, and her friend- Mary Carberry's daughter, Ava, aged six were killed.
Ava's sister Faith was also injured in the tragic accident in November 2007.
Mary Carberry, Clonguish Court, Newtownforbes, Co Longford was later sentenced to six years imprisonment with two years suspended in relation to the accident.
In the High Court yesterday High Court President Mr Justice Nicholas Kearns approving the settlement of €1.5m against the Motor Insurance Bureau of Ireland (MIBI) wished the little boy well in the future.
Outlining the case Declan McGovern SC said John was a back seat passenger in the car when it hit a clay embankment on the old Edgworthstown Road on November 26, 2007.
The boy was brought to Mullingar Hospital and later transferred to the Childrens Hosptial Crumlin. He said John suffered an Erb's palsy injury to his arm and as a result of a head injury still has language and learning difficulties.
John Logan of Chambers Park, Kilcock, Co Kildare had sued through his aunt Stephanie Logan, the driver of the car Mary Carberry; the car owner Thomas Varden of Renville Village, Oranmore, Co Galway; his mother Michelle Logan; the MIBI; The National Roads Authority and Longford County Council.
Mr Justice Nicholas Kearns was told the settlement was against the MIBI and the case against the others could be struck subject of the assignment of the judgment against the car driver, Mary Carberry
Last November Faith Varden Carberry who was also injured in the accident settled her action for damages for €200,000 against the MIBI.
At an earlier hearing to decide liability in that case, the High Court heard from Faith's father Thomas Varden a Galway businessman that when Faith and Ava's mother, Mary Carberry was put off the road, she put the children on the phone to him saying they were cold and wet walking the one and a half miles to school.
"It pulled at my heart strings, She was was seeking for me to provide transport , purchase a car and somebody who was insured and had a full licence would drive it," he told the court.
He said he did not want to do it but the children would come on the phone saying they were cold and wet.
He said Ms Carberry was in Alcoholics Anonymous and seemed to be turning over a new leaf. He said he bought a car for €14,000 but as Ms Carberry was banned from driving, somebody else would have to drive it.
He said on the night of the accident he got a phonecall from Ms Carberry.
"She said Ava was dead and she thought Faith was dead too," he said.
He said when he got to the hospital he discovered Mary Carberry had been driving the car.
“I was angry. I am still very angry. No way would I have given the car to her if I thought she was going to use it that way. I trusted her," he said.