A schooolgirl who was seriously injured in a road tragedy in which her young sister and a friend died has sued her mother - who was driving the car while uninsured and banned from driving - and her father as owner of the vehicle.
The High Court heard the children’s father, who never lived with their mother, had raised concerns about the care of his daughters with social services in the months leading up to the fatal crash.
Faith Varden-Carberry was aged eight when the car driven by her mother, at the time banned from driving, ploughed into a mud embankment on a disused road outside Edgeworthstown, Co Longford, on the night of November 26th 2007.
Faith’s six-year-old sister Ava and her friend Michaela Logan were killed while another child passenger in the car was injured. The children’s mother, Mary Carberry (35), a chronic alcoholic, was later jailed for four years over the incident.
After the crash, Faith underwent surgery and was transferred to Our Lady’s Children's Hospital, Crumlin were she was treated in a spinal cast for about ten weeks.
It is claimed Faith suffered severe psychological trauma and upset following the accident and had attended a child psychologist for three months afterwards.
In the High Court today, Faith (12), Clonguish Court, Newtownforbes, Co Longford - suing through her grandfather Anthony Carberry, St Mels Road, Longford - brought an action against her father Thomas Varden, Renville Village, Oranmore, Co Galway; her mother, Mary Carberry, Clonguish Court, Newtownforbes; and the Motor Insurance Bureau of Ireland.
It is claimed a car the property of Mr Varden but driven by Ms Carberry, who was uninsured, was caused to be driven on November 26th, 2007, into collision at or near the old Dublin Road, Edgeworthstgown, Co Longford.
Mr Justice Iarflaith O’Neill was told Mr Varden does not deny he was the owner of the car but contends it was being driven by Ms Carberry without his authority. Judgment against Ms Carberry has already been obtained.
In his evidence, Mr Varden, a businessman, said he had met Ms Carberry when he was aged 60 and she was aged 23. She was hitching a lift at the time and had been a psychiatric patient. They had two children but never lived together. He kept in contact with the children at all times and provided accommodation for them, he said.
When Ms Carberry was put off the road prior to this accident, he said the children had to walk one-and-a-half miles to school. Ms Carberry had put them on the phone to him saying they were cold and wet, he said. “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 did not want to do that 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 added.
He said he had bought a car for €14,000. Ms Carberry was banned from driving so somebody else would have to drive it, he added. Ms Carberry had signed his name on a cheque and they had a row about that, he said.
He had later learned the car had been insured by Ms Carberry over the phone while claiming to be his daughter, he said. He said he was the main driver of the car while somebody he thought was one of Ms Carberry’s relatives was a named driver.
On November 26th, 2007, Ms Carberry had asked him to change the insurance to an open driving policy and he did so as he thought her family were helping her out. That same night, he got a phone call from Ms Carberry about the crash.
Between 2003 and 2007, both he and Ms Carberry’s parents had contacted social services about the children, Mr Varden said. He had had a meeting with social workers a few months before the accident to voice his fears but nothing was done and he was advised, if there was anything of concern, to contact gardai.
He had also considered going for full custody and was a legal guardian to the children, Mr Varden added.
The case continues.