24CA0198 Sandoval v Colorado Springs 10-31-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA0198 El Paso County District Court No. 22CV31378 Honorable Amanda J. Phillips, Judge
Bernard E. Sandoval,
Plaintiff-Appellee,
v.
City of Colorado Springs,
Defendant-Appellant.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division VII Opinion by JUDGE TOW Pawar and Schutz, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced October 31, 2024
Ramos Law, Brian Hugen, Northglenn, Colorado, for Plaintiff-Appellee
Wynetta P. Massey, City Attorney, W. Erik Lamphere, Division Chief, Colorado Springs, Colorado, for Defendant-Appellant ¶1 Defendant, The City of Colorado Springs, appeals the district
court’s order concluding that the City had waived its governmental
immunity and denying the City’s motion to dismiss the complaint
filed by plaintiff, Bernard E. Sandoval. We reverse and remand with
directions.
I. Background
¶2 The following facts are undisputed for purposes of this appeal.
While driving northbound on South Tejon Street, Sandoval
approached the intersection of South Tejon and East Costilla Street
in Colorado Springs. At the intersection, the traffic signals directing
northbound and southbound traffic were inoperative and
unilluminated. The traffic signals directing eastbound and
westbound traffic were properly cycling between green, yellow, and
red. Upon approaching the inoperative traffic signal, Sandoval
stopped at the intersection and treated it as a four-way stop. After
waiting for two vehicles to go, who had also treated the intersection
as a four-way stop, Sandoval entered the intersection. Sandoval
was then struck by Corey Kinzy, who was driving eastbound on
Costilla Street. Kinzy had a green light when he entered the
intersection.
1 ¶3 Sandoval filed suit against the City and requested relief under
two theories of tort — that the City was directly negligent and that it
was liable under the theory of respondeat superior because the
company in charge of fixing the traffic signal was the City’s agent.
Sandoval argued that the City waived its protection from tort
actions under the Colorado Governmental Immunity Act (CGIA)
when it failed “to repair a traffic signal on which conflicting
directions [were] displayed.” § 24-10-106(1)(d)(II), C.R.S. 2024.
¶4 The City moved to dismiss Sandoval’s claims against it, under
C.R.C.P. 12(b)(1), asserting that immunity under the CGIA had not
been waived because the traffic signals were not in conflict at the
time of the collision. Specifically, the City argued that state and
local traffic laws instruct drivers to yield to vehicles not obligated to
stop and that no conflict existed where one vehicle was expected to
yield while cross traffic moved as directed by normally operating
traffic signals.
¶5 Sandoval filed a response alleging the traffic signals were in
conflict because, based on the inoperative light, Sandoval “inferred
that all traffic lights were out,” and it would be “a fair inference”
that Kinzy thought that all lights were functioning properly. The
2 City replied that Sandoval’s assumption that all lights were
inoperative was insufficient to show that the traffic signals were in
conflict.
¶6 The district court denied the City’s motion to dismiss. The
court determined that Sandoval, “as required, treated the
intersection as a four-way stop and treated the signal as one would
a stop sign.” The district court found that the green light displayed
to Kinzy and the inoperative light displayed to Sandoval were “not
properly functioning” and “displayed conflicting signals to drivers
approaching the intersection.” The district court denied Sandoval’s
request for attorney fees.
¶7 This appeal followed.
II. Waiver of Immunity
¶8 The City contends that the district court erred by concluding
that the City’s immunity had been waived under section 24-10-
106(1)(d)(II). We agree.
A. Standard of Review and Applicable Law
¶9 “Whether a claim is barred on grounds of immunity under the
CGIA is a question of subject matter jurisdiction . . . .” Douglas v.
City & Cnty. of Denver, 203 P.3d 615, 617 (Colo. App. 2008). Where
3 “the underlying facts are undisputed, the trial court’s jurisdictional
determination is one of law, which we review de novo.” Id. at 618.
“In interpreting the [C]GIA, our goal is to give effect to the intent of
the General Assembly.” Lyons v. City of Aurora, 987 P.2d 900, 903
(Colo. App. 1999). “In the construction of a waiver provision of the
[C]GIA, strained or forced interpretation of a statutory term should
not be adopted.” Id. Provisions waiving immunity are “broadly
construed in the interest of compensating victims of governmental
negligence.” Douglas, 203 P.3d at 617–18.
B. Analysis
¶ 10 The City contends that, under section 24-10-106(1)(d)(II), the
district court erred when it found the traffic signals were in conflict.
We agree.
1. The Traffic Signals Were Not Conflicting
¶ 11 The CGIA generally grants public entities immunity from
“liability in all claims for injury which lie in tort.” § 24-10-106(1).
However, the legislature has outlined specific scenarios in which
sovereign immunity is waived. See id. One such scenario is when
“[a] dangerous condition [is] caused by the failure . . . to repair a
traffic control signal on which conflicting directions are displayed.”
4 § 24-10-106(1)(d)(II). The CGIA does not define the term
“conflicting.” But a division of this court interpreted the word to
mean “being in conflict, collision, [or] opposition.” Lyons, 987 P.2d
at 903 (quoting Webster’s Third New International Dictionary 477
(1986)). As a verb, “conflict” is synonymous with “show[ing]
variance, incompatibility, irreconcilability, or opposition.” Id.
(quoting Webster’s Third New International Dictionary 477 (1986)).
¶ 12 The City asserts that an inoperative signal directing traffic in
one direction is not inherently in conflict with a green signal in the
cross direction.
¶ 13 In DeForrest v. City of Cherry Hills Village, 990 P.2d 1139,
1143 (Colo. App. 1999), a division of this court held that immunity
was waived where a driver faced both a temporary stop sign and a
traffic signal red light. The driver relied on the temporary stop sign
as the controlling signal, and after stopping at the sign, entered the
intersection where she was hit by a driver who had a green light in
the cross direction. Id. at 1141. The stop sign “directed a motorist
to stop and then go . . . [while] a motorist facing a red traffic light
would not stop and then go but would be required to wait until the
signal turned green.” Id. at 1144. The division concluded that the
5 stop sign and red light were conflicting signals because they
displayed incompatible directions to drivers. Id.
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24CA0198 Sandoval v Colorado Springs 10-31-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA0198 El Paso County District Court No. 22CV31378 Honorable Amanda J. Phillips, Judge
Bernard E. Sandoval,
Plaintiff-Appellee,
v.
City of Colorado Springs,
Defendant-Appellant.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division VII Opinion by JUDGE TOW Pawar and Schutz, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced October 31, 2024
Ramos Law, Brian Hugen, Northglenn, Colorado, for Plaintiff-Appellee
Wynetta P. Massey, City Attorney, W. Erik Lamphere, Division Chief, Colorado Springs, Colorado, for Defendant-Appellant ¶1 Defendant, The City of Colorado Springs, appeals the district
court’s order concluding that the City had waived its governmental
immunity and denying the City’s motion to dismiss the complaint
filed by plaintiff, Bernard E. Sandoval. We reverse and remand with
directions.
I. Background
¶2 The following facts are undisputed for purposes of this appeal.
While driving northbound on South Tejon Street, Sandoval
approached the intersection of South Tejon and East Costilla Street
in Colorado Springs. At the intersection, the traffic signals directing
northbound and southbound traffic were inoperative and
unilluminated. The traffic signals directing eastbound and
westbound traffic were properly cycling between green, yellow, and
red. Upon approaching the inoperative traffic signal, Sandoval
stopped at the intersection and treated it as a four-way stop. After
waiting for two vehicles to go, who had also treated the intersection
as a four-way stop, Sandoval entered the intersection. Sandoval
was then struck by Corey Kinzy, who was driving eastbound on
Costilla Street. Kinzy had a green light when he entered the
intersection.
1 ¶3 Sandoval filed suit against the City and requested relief under
two theories of tort — that the City was directly negligent and that it
was liable under the theory of respondeat superior because the
company in charge of fixing the traffic signal was the City’s agent.
Sandoval argued that the City waived its protection from tort
actions under the Colorado Governmental Immunity Act (CGIA)
when it failed “to repair a traffic signal on which conflicting
directions [were] displayed.” § 24-10-106(1)(d)(II), C.R.S. 2024.
¶4 The City moved to dismiss Sandoval’s claims against it, under
C.R.C.P. 12(b)(1), asserting that immunity under the CGIA had not
been waived because the traffic signals were not in conflict at the
time of the collision. Specifically, the City argued that state and
local traffic laws instruct drivers to yield to vehicles not obligated to
stop and that no conflict existed where one vehicle was expected to
yield while cross traffic moved as directed by normally operating
traffic signals.
¶5 Sandoval filed a response alleging the traffic signals were in
conflict because, based on the inoperative light, Sandoval “inferred
that all traffic lights were out,” and it would be “a fair inference”
that Kinzy thought that all lights were functioning properly. The
2 City replied that Sandoval’s assumption that all lights were
inoperative was insufficient to show that the traffic signals were in
conflict.
¶6 The district court denied the City’s motion to dismiss. The
court determined that Sandoval, “as required, treated the
intersection as a four-way stop and treated the signal as one would
a stop sign.” The district court found that the green light displayed
to Kinzy and the inoperative light displayed to Sandoval were “not
properly functioning” and “displayed conflicting signals to drivers
approaching the intersection.” The district court denied Sandoval’s
request for attorney fees.
¶7 This appeal followed.
II. Waiver of Immunity
¶8 The City contends that the district court erred by concluding
that the City’s immunity had been waived under section 24-10-
106(1)(d)(II). We agree.
A. Standard of Review and Applicable Law
¶9 “Whether a claim is barred on grounds of immunity under the
CGIA is a question of subject matter jurisdiction . . . .” Douglas v.
City & Cnty. of Denver, 203 P.3d 615, 617 (Colo. App. 2008). Where
3 “the underlying facts are undisputed, the trial court’s jurisdictional
determination is one of law, which we review de novo.” Id. at 618.
“In interpreting the [C]GIA, our goal is to give effect to the intent of
the General Assembly.” Lyons v. City of Aurora, 987 P.2d 900, 903
(Colo. App. 1999). “In the construction of a waiver provision of the
[C]GIA, strained or forced interpretation of a statutory term should
not be adopted.” Id. Provisions waiving immunity are “broadly
construed in the interest of compensating victims of governmental
negligence.” Douglas, 203 P.3d at 617–18.
B. Analysis
¶ 10 The City contends that, under section 24-10-106(1)(d)(II), the
district court erred when it found the traffic signals were in conflict.
We agree.
1. The Traffic Signals Were Not Conflicting
¶ 11 The CGIA generally grants public entities immunity from
“liability in all claims for injury which lie in tort.” § 24-10-106(1).
However, the legislature has outlined specific scenarios in which
sovereign immunity is waived. See id. One such scenario is when
“[a] dangerous condition [is] caused by the failure . . . to repair a
traffic control signal on which conflicting directions are displayed.”
4 § 24-10-106(1)(d)(II). The CGIA does not define the term
“conflicting.” But a division of this court interpreted the word to
mean “being in conflict, collision, [or] opposition.” Lyons, 987 P.2d
at 903 (quoting Webster’s Third New International Dictionary 477
(1986)). As a verb, “conflict” is synonymous with “show[ing]
variance, incompatibility, irreconcilability, or opposition.” Id.
(quoting Webster’s Third New International Dictionary 477 (1986)).
¶ 12 The City asserts that an inoperative signal directing traffic in
one direction is not inherently in conflict with a green signal in the
cross direction.
¶ 13 In DeForrest v. City of Cherry Hills Village, 990 P.2d 1139,
1143 (Colo. App. 1999), a division of this court held that immunity
was waived where a driver faced both a temporary stop sign and a
traffic signal red light. The driver relied on the temporary stop sign
as the controlling signal, and after stopping at the sign, entered the
intersection where she was hit by a driver who had a green light in
the cross direction. Id. at 1141. The stop sign “directed a motorist
to stop and then go . . . [while] a motorist facing a red traffic light
would not stop and then go but would be required to wait until the
signal turned green.” Id. at 1144. The division concluded that the
5 stop sign and red light were conflicting signals because they
displayed incompatible directions to drivers. Id.
¶ 14 Unlike DeForrest, Sandoval did not face incompatible
directions when he came to the intersection. Pursuant to Colorado
traffic regulations, “[w]hen a driver approaches an intersection and
faces a traffic control signal that is inoperative” the driver must
follow “the provisions controlling entrance to a through street . . .
from a stop sign . . . , as provided under section 42-4-703[, C.R.S.
2024].” § 42-4-612(1)(a), C.R.S. 2024. “[E]very driver of a vehicle
approaching a stop sign shall stop” and “yield the right-of-way to
any vehicle in the intersection or approaching on another roadway
so closely as to constitute an immediate hazard.” § 42-4-703(3).
The City’s traffic code mirrors the state traffic regulations. See
Colo. Springs City Code § 10.17.109.A. (“Whenever a driver
approaches an intersection and faces a traffic control signal which
is inoperative . . . , the driver shall treat the signal as a ‘Stop’
sign . . . .”); Colo. Springs City Code § 10.3.101.A. (“The driver of a
vehicle shall stop in obedience to a ‘Stop’ sign . . . and shall proceed
cautiously yielding to vehicles not so obligated to stop . . . and
6 which are within the intersection or approaching so closely as to
constitute an immediate hazard . . . .”).
¶ 15 Upon approaching the inoperative traffic signal, Sandoval was
expected to treat the light as a stop sign. However, Kinzy had no
such limitations. Instead, facing a green signal, Kinzy had the right
to proceed through the intersection. See § 42-4-604(1)(a)(I), C.R.S.
2024. Unlike DeForrest, where the driver was instructed to stop
and then go, and to stop and wait simultaneously, Sandoval was
not faced with contradicting instructions. 990 P.2d at 1144.
Instead, the inoperative traffic signal directed Sandoval to stop and
then go when safe, while the green light directed Kinzy to go without
stopping. Because Sandoval and Kinzy could have followed these
directions simultaneously without issue, the signals were not
incompatible.
2. Sandoval Was Not Permitted to Treat the Inoperative Light as a Four-Way Stop
¶ 16 Sandoval argues the traffic lights were conflicting because “the
eastbound light was operating, and north/south lights were out,
suggesting to those drivers that all lights were out for all directions
and drivers should treat the intersection as a four-way stop.” The
7 district court’s order also relied on this argument, finding that
“Plaintiff, as required, treated the intersection as a four-way stop
and treated the signal as one would a stop sign.” This argument
relies on a misinterpretation of existing traffic codes.
¶ 17 As previously discussed, the relevant state and city traffic
codes call for a driver facing an inoperative traffic signal to treat it
as a stop sign and yield to vehicles in or approaching the
intersection. See §§ 42-4-612(1)(b), -703(3); Colo. Springs City Code
§§ 10.17.109.A, 10.3.101.A. Sandoval does not cite, nor can we
find, any legal authority that explicitly calls for drivers facing an
inoperative traffic signal to treat it as a four-way stop. Instead,
Sandoval was expected to stop and wait for the intersection to be
clear to enter while Kinzy retained the right-of-way. Sandoval’s
assumptions that all signals were out and that other cars would
stop does not rest on any legal authority.
¶ 18 Because the traffic signals did not display conflicting
directions, the City’s immunity was not waived under section 24-
10-106(1)(d)(II). Thus, the City is entitled to the dismissal of
Sandoval’s claims against it. Therefore, we reverse the district
court’s order.
8 III. Attorney Fees
¶ 19 The City requests attorney fees under section 13-17-201(1),
C.R.S. 2024, and C.A.R. 39.1. A defendant is entitled to reasonable
attorney fees in defending all actions for injury that lie in tort
“where any such action is dismissed on motion of the defendant
prior to trial under rule 12(b).” § 13-17-201(1). Because the City is
entitled to the dismissal of Sandoval’s tort claims against it, it is
also entitled to recover its attorney fees incurred both in the district
court and on appeal.
¶ 20 We exercise our discretion under C.A.R. 39.1 to remand the
matter to the district court to determine the amount of those fees.
See Cronk v. Bowers, 2023 COA 68M, ¶ 36 (observing that “the
district court is better positioned to address the necessary factual
determinations” related to a fee request).
IV. Disposition
¶ 21 The district court’s order denying the City’s motion to dismiss
is reversed, and the case is remanded to the district court to enter
an order dismissing Sandoval’s claims against the City. In addition,
the district court shall conduct such proceedings as necessary to
determine the amount of the City’s reasonable attorney fees.
9 JUDGE PAWAR and JUDGE SCHUTZ concur.