Chowdhury

Hosne Chowdhury v. City of Los Angeles

Good Law
1995 Cal. App. LEXIS 958·38 Cal. App. 4th 1187·45 Cal. Rptr. 2d 657·95 Daily Journal DAR 13126·95 Cal. Daily Op. Serv. 7709
Court of Appeal of CaliforniaSeptember 5, 1995B077294California3,559 words

Opinion

Opinion

Boren, J.

Mohammed Chowdhury died in an automobile accident when his vehicle was broadsided in an intersection. The driver of the other vehicle failed to stop before proceeding through the intersection even though the traffic signals were inoperative in all directions due to an area-wide electrical power outage. The decedent’s wife and daughter sued the City of Los Angeles (the City) for failing to take measures to avert the accident. Following a court trial, the court found that the accident and death were caused by the City’s failure to correct a known “dangerous condition” of its property and by creating a “trap” for motorists, and awarded the plaintiffs over a million dollars in damages.

We conclude that (a) an obviously inoperative traffic signal caused by an area-wide electrical power failure is not a dangerous condition of public property as a matter of law because the inoperative signals are automatically converted into stop signs by statute, and (b) the accident was not proximately caused by a “concealed trap” on the City’s property. Accordingly, we reverse the judgment and direct the trial court to enter judgment in favor of the City of Los Angeles.

Facts

A power…

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