Mum of four killed by lorry driver after Green Flag 'refused to assist with broken down car'
16 August 2022, 19:05 | Updated: 16 August 2022, 19:09
A lorry driver who crashed into and killed a mother-of-four who was stuck in her broken down car on a motorway has avoided an immediate prison sentence.
Listen to this article
Loading audio...
Shirley-Ann Dumbuya, 38, was unable to move her Kia Ceed from a hatch marked area of the M60 after being told by roadside assistance that she could not get help unless she was on the hard shoulder.
Minutes later, John Bowers, 35, hit the car with his skip lorry, killing the mum at the scene in Blackley, north Manchester.
Mrs Dumbuya left her home in Moston on January 21 2021 to sit one of her final student nursing student exams, Manchester Crown Court heard.
Within 10 minutes of her journey, the car broke down on the M60 - in the area separating lane one of the motorway from the slip road at junction 20.
She called her husband, who suggested she put her emergency lights on and get out of the car while he made a call to Green Flag.
However, the breakdown company said they would be unable to help unless the card was either on the hard shoulder or off the motorway altogether.
In its policy booklet, Green Flag says it will not be able to help motorists if their vehicle is 'going to be dangerous or illegal to load or transport'.
Meanwhile, Bowers was said to be travelling at 55mph and had an unobstructed view of the car for about 150 to 175 metres, with an expert report saying that his "error" was that he did not know that Kia Ceed had broken down.
He was not using his phone, he was not intoxicated and he was driving 15 miles under the speed limit.
In a police interview, he said his lorry had been working fine and there had been no distractions or medical conditions which would have impacted his driving.
Read more: Pop Idol star Darius Danesh found dead in apartment aged 41
Sentencing, Judge Anthony Cross QC called for an enquiry by the Assistant Chief Constable in Greater Manchester to look into what should happen if a similar situation occurs again.
"Green Flag should take it upon themselves to ring 999 to help the person who was obviously panicking, wondering whether to stay or get out of the vehicle, and worrying about the other cars on the motorway," he said.
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, from Preston, admitted causing death by careless driving was sentenced to six months in jail, suspended for 12 months, banned from driving for three years and had his licence endorsed.
For more information on what to do if you breakdown on a motorway click here.
