The deceased, a Yale student,hit an 8-footstone and concrete planter, located on the shoulder of Batesville Road, which was in negligent violation of road standards and city ordinances
Harris Lowry Manton won a $35 million verdict against the City of Milton for the wrongful death of Joshua Chang, who died in a single-car accident on Batesville Road. The verdict will go to the surviving parents of Josh, John Chang and Rebecca Zhu, of Canton.
According to evidence presented during the trial in the State Court of Fulton County, the accident happened on Nov. 19, 2016, when Josh was in his senior year on a full scholarship at Yale University. The Woodstock High School salutatorian was home in Canton for the Thanksgiving break. After running an errand in Atlanta, Josh was driving through the City of Milton near Batesville Road. While no one witnessed the wreck, the City of Milton’s lead police investigator testified that forensic evidence shows the most likely cause for Josh to swerve to his right and leave the paved portion of Batesville Road was to avoid an animal, such as a deer.
When he entered the right shoulder of Batesville Road, near the entrance to the Little River Farms driveway, he hit a planter constructed out of a large industrial-sized tire lying on its side that had been encased with stone and concrete and filled with dirt, which had been in that location for more than10 years. The planter cracked upon impact and Josh sustained blunt force trauma and died as a direct result of the collision with the planter. Trial evidence showed that Josh was not under the influence of any alcohol or drugs, he was not speeding and was not using his cell phone at the time of the accident.
“Josh never wanted to be a martyr for roadside safety,” said Jed D. Manton of Harris Manton Lowry, an attorney for the Chang family. “There’s no doubt this case is going to effect how cities across the state work to recognize and remove hazards along the roadways, and therefore save lives.”
Jeffrey R. Harris of Harris Manton Lowry added, “With all the new cities popping up across the region, what was once farm land is becoming more urbanized. One of the jobs of the new cities is to remove roadside hazards that might have been installed when the area was unincorporated and mostly farmland. When these roads become thoroughfares to shopping areas, like this road in Milton, they become hazardous. In this case, the City of Milton dropped the ball.”
Manton continued, “It was undisputed that the planter was on Milton’s property and it served zero purpose. They jury heard from multiple witnesses, including City employees and the City paid expert, that the planter was a hazard and if Milton had enforced its code it was required to be removed.”
The Chang family sued the City of Milton for wrongful death, negligence, nuisance and breach of ministerial duties. Evidence showed that the city-maintained roadways must be designed and maintained to allow for traversable recovery areas, called clear zones, in the rights-of-way.Milton’s Code of Ordinances requires that “fixed objects within the right-of-way are safety hazards and not allowed within the right-of-way,” including landscaping or walls.
On June 15, 2023, a Fulton County jury returned the $35 million verdict to the Chang family for the wrongful death of their son.
Jeffrey R. Harris, Jed D. Manton and Madeline E. McNeeley of Harris Manton Lowry represented the plaintiffs. Other members of the legal team included Christopher M. Simon and Tyler H. Bridgers of The Simon Law Firm and Naveen Ramachandrappa of Bondurant Mixon & Elmore.
The Fulton case citation is Chang v. City of Milton, case number 18EV004442.
- Images of Joshua Chang, including his salutatorian speech, and trial exhibits including accident photos, can be found here.
- Court documents here.
- Headshots of the plaintiffs’ attorneys can be found here.
About Harris Lowry Manton LLP
Harris Lowry Manton LLP is a dedicated full-service trial law firm with offices in Atlanta and Savannah. The firm’s Georgia personal injury lawyers fight for the injured throughout every step of the legal process, explaining how litigation works along the way. The firm’s legal team has achieved remarkable success advocating for clients. It’s the only Georgia firm to secure No. 1 verdicts in seven different categories – automotive, products, business torts, premises, nursing home and medical malpractice – in the last 10 years. The firm’s lawyers have been recognized by leading rating associations, bar associations, and other organizations as one of the top personal injury firms in Georgia.
