Expand / Collapse search
☰

Georgia Supreme Court could reverse multi-million-dollar wrongful death lawsuits against cities

By
Published  December 4, 2024 5:31pm EST
Milton
FOX 5 Atlanta

Will Milton wrongful death verdict be overturned?

A multi-million dollar wrongful death lawsuit in Milton may be overturned. Joshua Chang, a Canton resident, died after hitting a planter on the shoulder of Batesville road. His family was awarded $35 million, which has other cities looking to the Supreme Court to reverse the judgement, worried they could be hit with something similar.

The Brief

    • A jury awarded a Canton family $35 million holding the city of Milton liable for a 2016 deadly accident involving Yale student Joshua Chang.
    • Milton, supported by other Georgia cities fearing similar lawsuits, is appealing to the state Supreme Court to overturn the verdict.
    • The case hinges on the concept of sovereign immunity, with Milton arguing that municipalities shouldn't be liable for roadway defects outside of travel lanes.
    • The 2023 civil verdict was met with relief by the victim's mother, who claimed her son was not at fault for the accident.
    • The financial impact of the judgment on smaller, rural towns could be significant, potentially diverting funds from essential services to cover legal costs.

MILTON, Ga. - Cities across Georgia are pushing back against a multi-million-dollar wrongful death lawsuit after a traffic accident several years ago.

Last year, FOX 5 Atlanta reported a jury's decision to award $35 million to a Canton family. Jurors found the city of Milton liable for a deadly accident in 2016. 

Joshua Chang, a Yale University student, home for Thanksgiving, lost control of his car and hit a concrete planter. The planter that he hit is no longer at the accident site.

In September, the state Court of Appeals upheld the jury's verdict. 

Milton is now petitioning the state Supreme Court to reverse the ruling.

Cities across Georgia are pushing back against a multi-million-dollar wrongful death lawsuit after a traffic accident several years ago.

Cities across Georgia are pushing back against a multi-million-dollar wrongful death lawsuit after a traffic accident several years ago. (FOX 5)

Cities like Atlanta, Sandy Springs, and Cedartown are among dozens of government entities supporting the effort in fear of being next in line for a massive lawsuit loss.

"Sovereign immunity is key," says Steven Krokoff, Milton city manager. "For the last century, the courts of Georgia have stated over and over again that any defect that exists outside of the travel lanes, municipalities will not be subject to that liability."

As of now, Milton asserts that anything in the right of way but not in the lane of travel, such as trees, subdivision signs, or poles, could pose a risk for a large lawsuit.

"The implications could be tremendous," maintains the city manager.

After the Fulton County jury's 2023 civil verdict against Milton, Chang’s still-grieving mother celebrated the verdict.

"I knew all those years, that wasn't Joshua's fault," said Rebecca Zhu. "But I had to wait six-and-half years to get justice."

Cities across Georgia are pushing back against a multi-million-dollar wrongful death lawsuit after a traffic accident several years ago.

Cities across Georgia are pushing back against a multi-million-dollar wrongful death lawsuit after a traffic accident several years ago. (FOX 5)

Milton's mayor says the city may be affluent, but it does not have a commercial base like a lot of other larger cities.

"Think about the small, rural towns," suggests Peyton Jamison, Milton's mayor. "The taxpayers are going to be on the hook for this if this judgment stands instead of the money going to important services."

It may be three to four months before the city knows if the Georgia Supreme Court takes on this case.

The Source: This is original reporting by FOX 5 Atlanta's Kevyn Stewart.