Chowdhury v. City of Los Angeles

In Chowdhury v. City of Los Angeles (1995) 38 Cal. App. 4th 1187, traffic signals were inoperative in all directions due to a power outage and pedestal stop signs had not yet been erected at the intersection in question. A man was killed when another driver failed to stop before proceeding through the intersection. The reviewing court held as a matter of law that an obviously inoperative traffic signal during a power outage does not amount to a dangerous condition. ( Id. at p. 1194.) Moreover, once the signals failed, the city could reasonably foresee that drivers using due care would obey the Vehicle Code, which effectively transforms an inoperative signal light into a stop sign. On the other hand, the city could not be charged with foreseeing that a motorist would recklessly disobey traffic laws and speed through the intersection. ( Id. at pp. 1195-1196.) In short, the traffic signals were inoperative in all directions due to a power outage. A driver entered into the intersection without stopping, and collided with the plaintiff's vehicle. In comparing its facts with situations in which liability would attach with a green light in all four directions at an intersection, the court stated: "If the governmental entity turns off traffic signals entirely to avoid confusion, liability does not attach. 'When the traffic lights were turned off, their defective condition could no longer mislead or misdirect the injured party.'" (Id. at p. 1195)