Appellate Court Affirms $35 Million Verdict Against City of Milton

Last year, Harris Lowry Manton prevailed at trial, securing a $35 million jury verdict for the family of Josh Chang, a Yale University senior killed in a tragic car crash in 2016. The defendant, the City of Milton, appealed the verdict.  On September 16, 2024, the Georgia Court of Appeals upheld the decision, which was a win for the Chang family and everyone who believes the roadways should be safe for drivers.

Background on the case

The crash that led to this case is extremely tragic, all the more so because it was entirely avoidable. During Thanksgiving break in 2016, Josh Chang was visiting his family in Georgia. After a day of errands and some time with friends, he was traveling on Milton’s Batesville Road on his way to meet his parents for dinner.

According to trial testimony from the investigating police officer, evidence supported the conclusion that Chang swerved because of a deer, other animal, or obstruction and entered the grass shoulder of Batesville Road. Milton has not removed a large planter from its right of way.   The planter was formed from a tractor tire wrapped in concrete. Chang’s car struck the planter, and the crash proved fatal.

Police determined that Chang was not under the influence, speeding, or using his phone at the time of the collision.

The successful claim

At the initial wrongful death trial, the plaintiff’s legal team, including Jeffrey R. Harris, Jed D. Manton, and Molly E. McNeeley of Harris Lowry Manton proved that Milton was negligent and, therefore, liable for Chang’s death.

The City’s attorneys argued that the planter predated the city’s incorporation and that Chang was at fault for leaving his lane of travel. They also claimed that Milton should be shielded from lawsuits because of sovereign immunity, which, in some circumstances, protects government agencies from lawsuits.

The jury sided with the plaintiffs and awarded damages of $35 million. The Fulton County State Court found sufficient evidence of negligence and cited inconsistent testimony on the part of the defendants. The court also denied the city’s motions for a new trial and a judgment notwithstanding the verdict. Milton appealed the verdict.

The Georgia Court of Appeals upholds the verdict

The Georgia Court of Appeals upheld the verdict and rejected the sovereign immunity defense. Additionally, the Court sided with the plaintiff’s request for pre-judgment interest to be added to the award. Interest on the judgment accrues at over $10,000 a day, rapidly increasing the total. The Court remanded the case with a specific direction to award prejudgment interest.

The outcome validates the Chang family’s claim and acknowledges their terrible loss. After an eight-year struggle, they expressed relief at the court’s ruling.

A win for Georgia

The ruling reaffirms long-standing Georgia law that municipalities are responsible for maintaining safe roads.

Harris Lowry Manton LLP is proud to have played a key role in securing justice for Josh Chang’s family. Our team is dedicated to securing justice for victims across Georgia. We are the only law firm in the state to achieve #1 verdicts in seven distinct areas of civil liability and injury law. For a free consultation with one of our experienced injury attorneys, please call our offices in Atlanta or Savannah, or complete our online contact form.