LaGrange signs resolution in support of Milton
Published 10:00 am Thursday, November 28, 2024
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The City of LaGrange has approved a resolution supporting the City of Milton, Georgia, after a court ruling may force the city to pay $35 million due to alleged negligence.
In 2016, 21-year-old Joshua Chang was killed after leaving the roadway and striking a concrete planter in Milton, Georgia. His parents sued the city because the planter was in the city right of way.
Milton had liability insurance, but in 2023 Fulton County awarded Chang’s parents a wrongful death award in excess of $30 million, greatly exceeding the city’s $2 million liability coverage.
In September, the state Court of Appeals affirmed the ruling, ordering Milton to pay the Chang’s restitution, now around $35 million due to interest. The City of Milton plans to take the case to the Georgia Supreme Court and has asked Georgia cities, including LaGrange, to issue resolutions supporting its case.
Milton has argued that it is not at fault for the death, as Chang’s vehicle left the roadway, saying that Georgia Law is clear that he is responsible for the collision due to leaving the paved roadway.
Further complicating the issue, the planter was placed in 1992 when the land was part of unincorporated Fulton County. Milton is a relatively new city, and the area where the crash occurred only became part of the city limits when Milton was created.
City Manager Patrick Bowie said Milton Mayor Peyton Jamison had reached out asking for letters of support from other cities on the case. Bowie recommended supporting Milton, saying the city would be in trouble if hit with similar litigation.
Bowie explained that if LaGrange were in a similar situation, like Milton, and if the decision is upheld, the taxpayers would be on the hook for anything beyond their liability insurance.
The LaGrange City Council unanimously approved the resolution in support of the City of Milton.
LaGrange has no financial liability from the resolution.