Motorist, who was injured in collision at intersection with inoperative traffic signal, brought negligence action against city, alleging city failed to repair traffic signal and had waived sovereign immunity under Colorado Governmental Immunity Act.
The District Court denied city’s motion to dismiss for lack of subject matter jurisdiction. City appealed, and the Court of Appeals reversed. Motorist petitioned for certiorari review, which was granted.
The Supreme Court held that traffic control signals displayed “conflicting directions” such that city’s sovereign immunity was waived for motorist’s negligence claims following collision in the intersection.
Traffic control signals displayed “conflicting directions” when motorist faced a blank, inoperative traffic light and the perpendicular driver faced a green light, such that city’s sovereign immunity was waived for motorist’s negligence claims following collision in the intersection; inoperative northbound traffic light indicated that motorist should treat the light as a stop sign while entering a through street, while properly functioning eastbound light caused perpendicular driver to enter the intersection without stopping.