Tuesday 16 August 2022 09:04 AM Judge slams Green Flag for refusing to help motorist 'as she wasn't on hard ... trends now
A judge has slammed Green Flag for refusing to help a stranded nursing student motorist 'because she wasn't parked on the hard shoulder' before she was killed when a truck hit her car.
Shirley-Ann Dumbuya was fatally injured when an 18-tonne skip wagon ploughed into her stationary Kia Ceed on the M60 clockwise in January last year.
The 38-year-old had become stuck after her car cut out, leaving her trapped between Lane one and a set of hatchmarks bordering a slip road at Junction 20, near Middleton.
A court heard that when road assistance provider Green Flag - known for its motto 'Common Sense to the Rescue' - were called for help staff said they wouldn't send a recovery truck or mechanic unless it was parked on the hard shoulder.
Moments later a DAF truck driven by John Bowers smashed into the rear of her car after he failed to realise it wasn't moving in the rush hour traffic on January 21.
The nursing student, who was on her way to sit an exam as part of her finals, suffered multiple injuries in the impact and died shortly afterwards.
Shirley-Ann Dumbuya (pictured) was left stranded on the motorway when her Kia Ceed broke down
The 38-year-old was stuck between Lane One and the hatchmarkings for the slip road at J20 of the M60 (pictured)
Moments after pleading for help, Mrs Dumbuya received fatal injuries when a skip wagon driven by John Bowers (pictured) crashed into her car
Mrs Dumbuya's husband Peniel, a bus driver, dashed to the scene following his wife's SOS call only to find the wreckage of her car on an embankment and police waiting to tell her she had been killed.
It emerged she had only used her husband's car that day as her own vehicle had a faulty windscreen wiper. She was awarded a posthumous degree following her death.
At Manchester Crown Court Judge Anthony Cross QC accused Green Flag of 'systemic failings' and called for police to investigate whether more could have been done to rescue Mrs Dumbuya.
The judge also questioned why the organisation had not reported the breakdown to police or encouraging the family to do so.
'This tragic accident was the result of an accumulation of errors starting after Mrs Dumbuya could not get to the hard shoulder,' said the judge.
'She sensibly called Green Flag as she and her family had sensibly paid for their assistance and yet she was told that they could not help. The brutal reality is that she had a dreadful conundrum whether to get out of the car or stay in.
'It seems that this is a systemic failure. There should be some form of enquiry carried out by the Assistant Chief Constable responsible for road traffic as to what should happen in those circumstances.
The mother-of-four received multiple injuries and never recovered in the crash on January 21, 2021. Here she is pictured with her children (clockwise from top left) Alice, Victoria, Deborah and Michael, and husband Penial
Mrs Dumbuya had been on her way to sit an exam as part of her finals in her nursing degree at the University of Bolton when her car broke down
'In my judgement, Green Flag should take it upon themselves to ring 999 to help the person because it was obvious that Mrs Dumbuya would have been panicking and wondering whether to stay or leave the vehicle. She would have been worried about crossing the motorway.'
He added: 'It's obvious to me that society has lost someone who was not only going to make a valuable contribution to society but who had already done so, just by being a good person.
'It would be easy to wreak revenge on the defendant by jailing him but I rather suspect Mrs Dumbuya's family are not interested in vengeance.'
Bowers, 33, of Bamber Bridge, Preston, Lancashire, admitted causing death by careless driving and was sentenced to six months in jail, suspended for 12 months. He was also banned from driving for three years.
The tragedy occurred on January 21 2021 after Mrs Dumbuya,
