Statement from Mayor Peyton Jamison 

The story "Appeals court affirms $32.5 million judgment against Milton" (Appen Media, Sept. 23, 2024) provided an unbiased compendium of events, but several critical facts were omitted. The result is some readers have misunderstood the City's role in the litigation and have drawn inaccurate conclusions. 

The article references instances where lawyers representing the City rejected settlement offers. Let me be clear that neither city officials nor our legal counsel played any part in defending the City during this case. It was taken out of our hands. The Georgia Interlocal Risk Management Agency (GIRMA), our insurer, was responsible for managing legal representation. GIRMA is solely responsible for settling, or not settling, the claims it defends on the City's behalf. Neither the City nor its legal team were given a role in settlement negotiations. 

What happened to Mr. Chang was certainly a tragedy, but we firmly believe the City of Milton should not be held liable. As such, we will continue to pursue a reasonable outcome to protect the City and taxpayers from this unjust financial burden. 

QUESTION: Was the City of Milton involved in the defense of this case? 

ANSWER: NO. The City's insurer, the Georgia Interlocal Risk Management Agency (GIRMA), has sole authority on the settlement of claims.  

QUESTION: Who has GIRMA brought on as legal representation?

ANSWER: The trial court portion of the Chang case is over for the time being.  Litigation is now proceeding in the Supreme Court. In the Supreme Court litigation, GIRMA has retained Harold Melton, a former Chief Justice of the Georgia Supreme Court, and his Atlanta-based law firm, Troutman Pepper. Melton and his firm have significant experience in cases before the Georgia Supreme Court. Their attorneys are skilled in presenting complex legal arguments and have a track record of success in appellate litigation, particularly in high-stakes and precedent-setting cases. 

QUESTION: Were the Mayor, City Council, City Attorney, or other city officials asked to approve or disapprove settlement negotiations with plaintiff’s attorney? 

ANSWER: NO.  The City was not asked to approve or disapprove settlement negotiations with the plaintiff prior to the jury verdict. In fact, there were no meaningful settlement offers exchanged between GIRMA and the attorneys for Chang. In one instance, late in the litigation, the City independently demanded that GIRMA make a settlement proposal but the City’s request was rejected by GIRMA.

QUESTION: Will the City file a motion seeking reconsideration of the Court of Appeals judgment?  

ANSWER: YES. That motion has already been filed. 

QUESTION: If the motion for reconsideration is unsuccessful, will the City ask the Supreme Court to review the case? 

ANSWER: YES. 

QUESTION: Is the Supreme Court required to review the case? 

ANSWER: NO. The Supreme Court has discretion on whether to hear the case. 

QUESTION: Is there a timeframe by which a final decision may be forthcoming? 

ANSWER: YES. On December 4, 2024, former Chief Justice Melton (GIRMA's attorney in this case) filed a Petition for a Writ of Certiorari with the Georgia Supreme Court requesting that the court review the case. On December 13, 2024, 58 Georgia municipalities filed an amicus (or, friend of the court) brief supporting Milton’s request for Supreme Court review. Once all of the briefing is completed, the Supreme Court will issue a decision on whether to take the case within 90 to 120 days.   

QUESTION: Outside of the court proceedings, are there other steps Milton is taking to address the judgment? 

ANSWER: YES. In consultation with the City Attorney, the City is reviewing other options that may reduce the City's monetary exposure. Those options are not subject to disclosure at this time. 

QUESTION: What is the City's potential financial exposure?

ANSWER: The City's insurance covers up to $2 million of potential financial exposure. The initial judgment awarded damages of $32.55 million, though that number will be higher now due to interest. The City is aggressively exploring opportunities to reduce or eliminate its financial exposure.