Milton, GA
Home MenuChang, et al. v. City of Milton: Questions and Answers
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: Were the Mayor, City Council, City Attorney, or other city officials asked to provide input on settlement offers from the plaintiff's attorneys?
ANSWER: NO. The City was not consulted to approve or disapprove settlement discussions with the plaintiff prior to the jury verdict.
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. The motion for reconsideration will likely be ruled upon by late October or early November. A request for the Supreme Court to hear the case may be decided by the end of 2024.
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.