The Georgia Supreme Court has agreed to hear the City of Milton’s appeal in a closely watched case that could reshape municipal tort liability across the state. Oral arguments are scheduled for October 21, 2025, with a decision expected by late March 2026.

The case stems from a June 2023 Fulton County jury verdict that found Milton 93% at fault and awarded $32.5 million in damages to the family of Joshua Chang, a Yale student who died in a 2016 single-vehicle accident. Milton contends that sovereign immunity should shield municipalities from liability for objects placed on roadway shoulders, such as the concrete planter Chang’s vehicle struck, while the Georgia Court of Appeals rejected that defense in September 2024.

Upon granting review, the Supreme Court asked the parties and amici (supporting groups) to address three key questions:

1. Ministerial (required) Duty: Does a city’s duty to maintain reasonably safe streets and sidewalks include the design and placement of objects on roadway shoulders?

• Milton and its supporters argue this duty exists only when an object affects normal travel.

• The Chang family maintains shoulders are intended for vehicle use and must remain clear.

2. Defect in Public Roads: Is placing a planter on a shoulder itself a “defect” in a public road?

• Milton and its allies say placement alone is insufficient.

• The Chang family argues location on the shoulder is enough.

3. Waiver of Immunity: Must plaintiffs show both a ministerial duty violation and a road defect for immunity to be waived?

• The parties disagree on the existence of a duty but agree that waiver and liability must be analyzed under two key Georgia statutes.

The Court’s ruling could profoundly influence how municipalities manage rights-of-way and assess liability risks.