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Kennesaw council reviews joining amicus brief in Chang v. City of Milton wrongful-death case
Summary
City staff summarized Chang v. City of Milton, a wrongful-death case with a $35 million jury verdict now before the Georgia Supreme Court, and recommended Kennesaw sign a template amicus brief to limit municipal liability exposure; council consented to consider the resolution with minimal city work expected.
City staff presented a proposal for Kennesaw to join an amicus (friend-of-the-court) brief in Chang v. City of Milton, a wrongful-death lawsuit that produced a jury award of $35,000,000 that the City of Milton has appealed to the Georgia Supreme Court. Speaker 3 summarized the case and said the amicus brief, to be drafted by attorney Ken Gerard for multiple municipalities, would seek clarification from the high court about municipal responsibilities for objects placed in or near roadways.
The staff overview stressed the goal is to protect cities statewide from undifferentiated liability. "The jury made an award of $35,000,000 as a wrongful death verdict in that case," Speaker 3 said, and noted 58 municipalities had already agreed to sign similar resolutions. Staff described the resolution as a template that would require minimal work by Kennesaw's legal team and would not obligate the city to draft unique briefs.
Council members asked clarifying legal questions about sovereign versus qualified immunity and whether signing an amicus brief would amount to seeking blanket immunity. Speaker 3 answered that those legal doctrines differ and said he expected the Georgia Supreme Court would likely impose limits or exceptions rather than order blanket immunity. Councilors also raised insurance and exposure questions, asking whether municipal liability would be covered by pooled municipal insurance programs; staff said they did not have all insurance specifics on hand but expected discussion with insurers and interest groups such as the Georgia Municipal Association.
There was no contested motion recorded in the transcript; the mayor called for consent on the agenda item and council indicated consent, and the meeting proceeded to the next items. The council did not debate or vote on an ordinance beyond agreeing to take the resolution forward for consideration and potential signature as part of the typical consent/agenda process.
Next steps: staff indicated the amicus brief template would be provided by the drafting attorney and that municipalities signing on would file the brief by pending deadlines; no final filing or signature by Kennesaw was recorded in this session.
