Jim Ferry and Mary Ferry, of Rossbracken, Manorcunningham, the owners of Ferry’s Refuse Collection Limited, had fought a charge of having no insurance on the day a child was knocked down and killed in Letterkenny.
Lorry driver Alex McDaid (60), of Bomany, Letterkenny, was cleared earlier this year of causing the death of Patrick McDonagh by dangerous driving in the Ballymacool Housing estate in Letterkenny in February 2010.
The trial heard how Mr McDaid had reversed his lorry into a cul-de-sac where the boy lived.
The three-year-old boy’s father Patrick Snr told the trial of how his son had chased after a tennis ball on to the road and had shouted ‘stop stop’ as the lorry went over him. The boy’s twin Megan was also at the scene.
Mr McDaid did however admit a charge of failing to have a valid driving license.
As a result the Ferrys were charge of failing to have proper insurance.
However their solicitor Ciaran McLaughlin told Letterkenny District Court that the charge should have been brought against the company which owned the lorry – Ferrys Refuse Limited – and not the directors of the company.
He also argued separately that Mr McDaid had shown them what they believed to be a valid driving license. They had no idea it was false.
And thirdly, said the solicitor, Zurich Insurance were acting as insurance agents in the matter anyway.
District Judge Paul Kelly struck the matters out.