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Cumming joins amicus brief in City of Milton appeal to limit municipal liability
Summary
The Cumming City Council unanimously approved a resolution to join an amicus brief supporting the City of Milton in a liability appeal, seeking to limit a theory of municipal nuisance liability raised in a high-value judgment.
The Cumming City Council voted 5-0 to join an amicus brief in an ongoing appeal involving the City of Milton, the city attorney said.
Kevin, the city attorney, described the background: a fatal accident in Milton produced a $40 million liability judgment that the Georgia Supreme Court reversed and remanded to the Court of Appeals, which has been asked to consider an alternate theory of municipal liability. "What's before you is a resolution authorizing the city to join an amicus brief ... to argue that the city of Milton should not be liable under this different theory of nuisance," Kevin told the council.
Kevin said joining the brief would help limit potential liability exposure for cities generally. A council member moved to approve joining the brief and the motion passed unanimously.
The resolution directs the city to participate with other local governments by joining the amicus filing; Kevin said the city would review and not draft the brief itself. The council recorded no dissenting votes.
Provenance: topic introduced at SEG 804 and concluded at SEG 846.
