Judge Slams Green Flag For Refusing To Help Stranded Nursing Student Motorist Before Fatal Crash

In January 2021, Shirley-Ann Dumbaya got brutally injured after an 18-tonne skip wagon plowed into her stationary Kia Ceed on the M60 clockwise. It left the 38-Year-Old trapped between Lane one and a set of hatchmarks bordering a slip road at Junction 20, near Middleton.

Its alleged Green Flag was called for help, but staff said they wouldn’t send a recovery truck or mechanic unless it was parked on the hard shoulder. 

Due to this negligence, Shirley was tragically killed, especially as the DAF truck owned and driven by John Bowers smashed into the rear of her car. At the time of the incident, the nursing student was on her way to sit for an exam as part of her finals. She didn’t make it to the examination as she suffered multiple injuries in the impact and died shortly after.

Manchester Crown Court Judge Anthony Cross QC has now accused Green Flag, known for its motto Common Sense to the Rescue, of systemic failure. 

Judge Anthony called for police to investigate if more could have been done to rescue Shirley and questioned why the organization hadn’t reported the breakdown to the police or encouraged the family to do so. “This tragic accident was the result of an accumulation of errors starting after Mrs. Dumbuya couldn’t get to the hard shoulder.” 

Following his wife’s SOS call, Shirley’s husband Peniel – a bus driver, had dashed to the scene only to find the wreckage of her car on an embankment and police waiting to tell him she had been killed.

It emerged Shirley had used her husband’s car that day as her own vehicle had a faulty windscreen wiper. The Judge added: “She sensibly called Green Flag as she and her family had sensibly paid for their assistance, yet she was told they could not help. The brutal reality is that she had a dreadful conundrum of whether to get out of the car or stay in. It seems that this is a systemic failure.”

“There should some form of enquiry carried out by the Assistant Chief Constable responsible for road traffic as to what should happen in those circumstances.” 

“In my judgment, 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. 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.”

However, 33-Year-Old Bowers of Bamber Bridge, Preston, Lancashire, has admitted to causing Shirley’s death by careless driving and was sentenced to six months in jail, suspended for 12 months. As motorists had tried to help Shirley as she lay trapped and unresponsive in the driver’s seat, a Bowers, who had a previous conviction for drunk-driving and driving without a care in 2016, reportedly uttered, ‘I just didn’t see her.” 

On the other hand, Shirley is awarded a posthumous degree by the University of Bolton following her death.