Statement from Mayor Peyton Jamison (2026) 

Joshua Chang's death was a tragedy, and nothing about the appellate process changes the seriousness of that loss or the sympathy we continue to feel for his family.

At the same time, the City has a responsibility to keep residents and taxpayers informed about the status of the litigation. On March 12, 2026, the Supreme Court of Georgia issued a decision that was a significant positive development for Milton. The Court overturned the Court of Appeals’ prior ruling and held that the City’s duty to keep streets safe for ordinary travel does not extend beyond the lanes of travel used in the ordinary course. That ruling addressed the City’s primary area of exposure in a manner favorable to the City

The case is not concluded. The Supreme Court sent the case back to the Georgia Court of Appeals to address additional issues that remain in the appeal. The Court of Appeals has now directed the parties to file supplemental filings on those issues. The City's legal team will submit those filings this June, and briefing by all parties is expected to be completed by July. Milton will then await the Court of Appeals' ruling.

Throughout this process, the City has worked to protect Milton taxpayers from the financial impact of the judgment. The Supreme Court's favorable decision materially improved the City's position, and the City will continue to pursue all available options to protect the City and its taxpayers.

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. While settlement offers were made by the plaintiff during the course of the litigation, GIRMA rejected those offers and no settlement agreement was reached.

QUESTION: What did the Supreme Court of Georgia recently decide?

ANSWER: The Supreme Court ruled in the City's favor on a central issue. It overturned the Court of Appeals' prior decision and held that the City's immunity was not waived due to alleged defects on the roadway shoulder. The Supreme Court did not decide every remaining issue, so the case was sent back to the Court of Appeals for further review.

QUESTION: Is the case over?

ANSWER: NO. The case is now back before the Georgia Court of Appeals. The Supreme Court's ruling significantly improved the City's legal position, but the Court of Appeals must still address additional issues before the appellate process is complete.

QUESTION: What issues will the Court of Appeals consider next?

ANSWER: The Court of Appeals has directed the parties to address several remaining issues, including (i) the existence of other City immunity waivers involving negligence claims, (ii) whether plaintiffs nuisance claim is barred by sovereign immunity; and, (iii) if not, whether the plaintiffs established a claim for nuisance.

QUESTION: What is the City doing to protect taxpayers while the appeal continues

ANSWER: The City continues to pursue all available legal and financial options to protect the City and its taxpayers. Because the case remains active, the City cannot discuss every option publicly, but its current position is better following the favorable Supreme Court decision.

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, and interest would increase that amount if the judgment ultimately remained in place. In light of the City's favorable ruling from the Supreme Court of Georgia, the City believes its financial risk has been significantly reduced. The City will continue to pursue all available options to reduce or eliminate any financial exposure and to protect Milton taxpayers.