The Georgia Supreme Court on Thursday, March 12, vacated the Court of Appeals decision in City of Milton v. Chang and remanded, clarifying legal standards governing municipal liability for public rights-of-way. This ruling preserves the commonsense distinction between roadways intended for ordinary use of travel and adjacent areas within the right-of-way.
The Georgia Municipal Association (GMA) and Georgia city officials across the state recognize that at the heart of this case is the tragic loss of Joshua Chang, a young man with a bright future. Our thoughts remain with his family, and nothing in this legal outcome diminishes the profound sorrow of their loss. The courts were asked to resolve a complex legal question, and we are grateful the Supreme Court provided clear guidance that will allow cities to continue serving their communities effectively.
While the Supreme Court did not address potential waivers of immunity based on insurance or any issues related to nuisance claims, this decision ensures that Georgia cities can maintain their rights-of-way responsibly without facing unlimited liability for objects that do not obstruct ordinary vehicle travel on the roadway. GMA on behalf of Georgia cities appreciates the Supreme Court's careful consideration of this important issue and thanks the dozens of cities and organizations that joined us in advocating for a fair and workable legal standard.