Chowdhury v. Los Angeles

In Chowdhury v. Los Angeles (1995) 38 Cal.App.4th 1187, an area-wide power outage caused approximately 15 traffic signals at many intersections in the mid-city area of Los Angeles to malfunction early one morning. ( Id. at p. 1191.) Although the Los Angeles Department of Water and Power (DWP) dispatched repair crews, and sent an alert to the Department of Transportation (DOT) to alert it to the outage, DOT procedure for the use of temporary stop signs at such intersections was not uniformly followed. ( Id. at p. 1192.) Furthermore, repairmen did not receive word of the outage until approximately one and one-half hours after the outage and arrived in the area an hour and a half after that and only put out some stop signs and placed three stop signs at an intersection blocked by an accident. ( Id. at pp. 1192-1193.) Almost four hours after the outage, plaintiff decedent stopped at an intersection with a non-functioning light, entered the intersection, and was hit by a van going anywhere between 41 and 62 miles per hour. (Ibid.) Chowdhury relied on the Government Code section 830.4 as well as the Vehicle Code provisions that an inoperative signal was effectively transformed into a stop sign. (Veh. Code, 21800, subd. (d)(1).) Therefore, Chowdhury reasoned, "once the signals failed, the City could reasonably foresee that motorists using due care would obey the provisions of the Vehicle Code and make a full stop before proceeding when it was safe to do so. The City cannot be charged with foreseeing that a motorist will recklessly disobey traffic laws and speed through an intersection without heed to its inoperative traffic lights any more than it can be charged with foreseeing that irresponsible drivers will race at 100 miles per hour down a highway or drive the wrong way down a one-way street, in violation of the traffic laws." ( Chowdhury v. City of Los Angeles, supra, 38 Cal.App.4th at pp. 1195-1196.) Furthermore, because the intersection was transmuted into a four-way stop sign by the outage, and intersections with four-way stop signs do not constitute an inherently dangerous condition, the only risk of harm is from the motorist who fails to exercise due care by obeying a de facto stop sign. ( Id. at p. 1196.) Chowdhury pointed out that "at some point, citizens must take responsibility for their conduct when there is an obvious roadway hazard such as a widespread power outage in an urban area." (Ibid.)