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Taylor v. City of Aurora

Court of Appeals of Colorado, First Division
Nov 9, 1971
490 P.2d 710 (Colo. App. 1971)

Opinion

         Nov. 9, 1971.

         Editorial Note:

         This case has been marked 'not for publication' by the court.

         White & Steele, Lowell M. Fortune, Denver, for plaintiff in error.


         Kenneth C. Groves, V. G. Seavy, Jr., Denver, for defendant in error.

         ENOCH, Judge.

         This case was transferred from the Supreme Court pursuant to statute.

         This is an indemnity action arising out of an automobile accident. Crownover, who is not a party to this appeal, brought an action for damages against Taylor. Taylor thereafter filed a third party complaint against the City of Aurora. Taylor claimed the City negligently designed and programmed a certain traffic light and that this negligence was the primary cause of the accident. There is no allegation of improper installation or operation of the traffic light. Prior to trial, Crownover and Taylor stipulated that judgment be entered against Taylor upon the complaint. Trial was to a jury on Taylor's claim against the City for indemnification. At the conclusion of Taylor's case, the trial court granted the City's motion for a directed verdict. The court ruled the accident was caused 'primarily, solely and proximately' by Taylor's negligence. We affirm.

         The issue presented by this appeal is whether Taylor established a prima facie case that the City was negligent and that this negligence was the primary cause of the accident.

         The facts in this case are uncontroverted. The traffic signals at the intersection of Havana Street and First Avenue, where the accident occurred, allow for three different 'phases' designating which traffic has a green light. During phase A, Havana Street traffic has the green light, during phase B, First Avenue traffic has the green light and during phases A and C, only northbound Havana Street traffic has a green light. A loop detector buried under northbound Havana Street's left-turn lane determines whether phase A will be followed by phase B or phases A and C.

         Just prior to the accident, Mrs. Taylor was driving south on Havana Street. She entered the First Avenue intersection on a green light and waited for an opportunity to make a left-hand turn. When the light facing Mrs. Taylor turned red, she glanced at First Avenue traffic and started to turn. Mrs. Taylor was unfamiliar with the traffic light sequences and assumed the light facing northbound Havana Street traffic would turn red at the same time the light facing southbound traffic turned red. Although she had seen Mr. Crownover's car approaching the intersection northbound on Havana Street, she thought he would be required to stop by a red light. Mr. Crownover, in fact, had a green light in accordance with phases A and C and the two cars collided in the intersection.

         Taylor's evidence established that she knowingly turned left on a red light. She made no effort to observe whether northbound traffic had stopped even though she had seen Crownover's car approaching the intersection.

          Taylor had the burden of proving a prima facie case of negligence against the City and that this negligence was the Primary cause of the accident. Jacobson v. Dahlberg, 171 Colo. 42, 464 P.2d 298. We agree with the trial court's determination that plaintiff failed to meet this burden.

         Judgment affirmed.

         SILVERSTEIN, C.J., and DUFFORD, J., concur.


Summaries of

Taylor v. City of Aurora

Court of Appeals of Colorado, First Division
Nov 9, 1971
490 P.2d 710 (Colo. App. 1971)
Case details for

Taylor v. City of Aurora

Case Details

Full title:Taylor v. City of Aurora

Court:Court of Appeals of Colorado, First Division

Date published: Nov 9, 1971

Citations

490 P.2d 710 (Colo. App. 1971)