When most people think about car accident lawsuits, they typically envision an injured person suing an at-fault driver. But a recent case involving an Ivy League student who was tragically killed when he collided with an ornamental planter in Milton, Georgia, serves as a reminder that cities can be sued and held liable for car accidents too.
The death of Josh Chang
In 2016, Josh Chang, a 21-year-old student attending Yale University, swerved his vehicle off Batesville Road in Milton, Georgia, and collided with a decorative planter.
The planter, which belonged to the city and was on city property, was made of stone and positioned on the shoulder of the road.
Although Josh was traveling only 19 mph when he hit the planter (well below the 45 mph speed limit), he was killed instantly. At the time of his death, Josh had been traveling home from Yale to visit his family for Thanksgiving.
More about Josh Chang
Josh was a popular member of Yale’s cycling team. He had a reputation as a helpful, enthusiastic friend who built bicycles out of unusual materials, including bamboo that he sanded and treated with heat in his own oven.
At the time of his death, Josh was a senior at Yale University. He planned to double major in mechanical engineering and economics.
“Whether it was helping me with my bike, giving everyone surprise Christmas gifts, fixing my computer more times than I can count, attending every performance or concert our friends were in, or just passing along a country artist he thought I might like, Josh was always a caring and thoughtful friend,” recalled one of Josh’s friends.
Lawsuit against the city of Milton
Josh’s family filed a wrongful death lawsuit against the city of Milton.
A wrongful death lawsuit is a civil action brought against a person or government entity believed to be responsible for the death of an individual due to negligent or intentional conduct. The purpose of the lawsuit is to seek compensation for the losses, such as lost income, funeral expenses, emotional distress, and loss of companionship, that survivors have suffered as a result of their loved one’s death.
Upon filing the lawsuit, attorneys for the city asked the judge to dismiss the case due to sovereign immunity laws.
Sovereign immunity is a legal doctrine that prevents a state government from being sued without its consent. Under the doctrine, “state government” includes local governments, municipalities, and political subdivisions. The idea behind sovereign immunity is that governments can’t function if they’re constantly faced with potential lawsuits.
Today, many states have abolished sovereign immunity altogether. Other states have limited sovereign immunity, so it only applies in certain situations.
The judge ultimately chose not to dismiss the case filed on behalf of Josh Chang, and the lawsuit proceeded to trial.
Trial and verdict
During the trial, the lawyer for Josh’s family, Chris Simon, explained that Josh had swerved off the road to avoid hitting an animal. Chris argued that if the planter was not on the side of the road, Josh would have had enough room to slide to a stop.
What’s more, Chris told jurors that the city has an ordinance requiring it to evaluate fixed objects in the right of way and remove hazards within 30 days.
“They created a duty for themselves, saying you shall take these out and giving the time and date to get it done,” Said Chris. “That’s what they should have done years ago. It’s awful that it took this to do it.”
During the trial, Chris Simon explained that Josh had a bright future as an engineer. He was salutatorian of the class of 2013 at Woodstock High School before enrolling at Yale University.
Ultimately, the jury returned a verdict in favor of Josh Chang’s family, awarding them $35 million.
Filing a lawsuit against a government entity
Under premises liability laws, property owners must keep their property free of dangerous conditions. When a piece of property is public, it’s up to the government entity that owns the property to remove dangerous conditions or warn people about the dangerous conditions. If the government entity fails to do so, a lawsuit could be appropriate.
As mentioned earlier, sovereign immunity is one significant obstacle when suing a government entity, such as a city.
It’s never easy to determine whether or not sovereign immunity applies to a particular case. What’s more, even if sovereign immunity doesn’t apply, there are certain hoops a plaintiff must jump through when suing the government that simply don’t exist when suing a private individual. For example, most states require plaintiffs to submit a notice form before filing a lawsuit. The failure to do so could prevent the plaintiff from recovering any damages.
In addition, the statute of limitations is typically shorter when suing the government than when suing a private citizen or company.
The bottom line: It’s highly recommended that you meet with an experienced personal injury attorney if you’re thinking about pursuing a claim against a government entity.