Thorpe v. City and County of Denver

This appeal arises out of a wrongful death action filed by Veronica Thorpe against the City and County of Denver and two members of the Denver Police Department. The complaint alleged the City and the two policemen negligently failed to repair a malfunctioning traffic light and that this negligence caused an accident in which plaintiffs husband was killed. The defendants admitted the traffic light was malfunctioning, but denied this caused the accident and alleged the decedents own negligence caused the accident and that sovereign immunity barred the action. Trial was to a jury. At the conclusion of the evidence the trial court dismissed the case against the policemen. It further ruled that sovereign immunity was inapplicable and could not be asserted as a defense by the City. The jury found in favor of plaintiff and awarded her $5,000. Plaintiffs motion for new trial on the issue of damages was granted by the trial court. At the new trial, the jury awarded plaintiff $35,000.