Several Georgia Cities File Amicus Briefs After Milton, GA Hit with $35 Million Judgment in the Death of a College Student

In November 2016, a 21-year-old college student died after striking a concrete planter off Batesville Road. His parents filed a wrongful death lawsuit against the City of Milton, GA and a Fulton County jury ruled in favor of the student’s parents, awarding them $30 million in total damages. The City of Milton appealed the judgment and a state Court of Appeals affirmed the jury’s ruling. Milton residents wanted the City to pay the judgment as opposed to filing a second appeal with the Georgia Supreme Court. However, the City of Milton, and now, several other Georgia cities are asking the Georgia Supreme Court to overturn the ruling against Milton. At present, Sandy Springs and Alpharetta have filed amicus briefs on Milton’s behalf and several other Georgia cities are expected to join them.

What happened? 

According to the lawsuit filed by the victim’s parents, the student, a native resident of Canton, Georgia, and a student at Yale University, was home for the Thanksgiving holiday on November 16, 2016. After going to Atlanta to run an errand, he was driving through the City of Milton in the early hours of the evening. At approximately 7:05 p.m., he texted his mother that he was on his way home. Twenty minutes after sending that text, the student would be dead.

The student was driving down Batesville Road in Milton near the intersection at Taylor Road when he struck an ornamental planter located on the shoulder of Batesville Road. According to the lawsuit, the ornamental planter was five to six feet away from the road’s edge line and near the entrance to the driveway of Little River Farms. The planer itself was about seven to eight feet in diameter and between one and two feet tall. It was constructed from a large commercial and agricultural tire, encased in stone and concrete, and filled with dirt. As the student drove past the intersection of Taylor Road and approached the Little River Farms driveway, he drove through the right shoulder of Batesville Road and collided with the planter. The planter did not budge when the driver’s side of his vehicle struck it. The student died of blunt force trauma, including an aortic transection.

Elements of negligence 

The decedent’s parents argued that the planter, which was on a public road owned by the City of Milton, was in violation of the City of Milton Code of Ordinances. This ordinance requires “all city-maintained roadways be designed and maintained to allow for traversable recovery areas, also called clear zones, in the rights of way.” Further, “fixed objects within the right-of-way are safety hazards and not allowed within the right-of-way. The parents maintained that the City’s failure to remove the planter was evidence of negligence.

Talk to an Atlanta, GA Car Accident Attorney Today 

The Forsythe Law Firm, LLC represents the interests of those who have been injured in traffic accidents. Call our office today to schedule an appointment, and we can begin the process of filing your suit right away.

Sources:

expertinstitute.com/resources/insights/georgia-couple-get-35m-win-in-suit-over-yale-senior-sons-death/

appenmedia.com/news/update-more-ga-cities-back-miltons-appeal-of-35m-wrongful-death-judgement/article_4280319c-a8ee-11ef-901b-8bd06b3ce621.html