While it is technically possible to sue a city municipality for poor road conditions, this is usually much more challenging than suing a negligent driver for a crash in Georgia. The connection between a pothole and a crash can be difficult to establish, and there is always the concept of “sovereign immunity” to contend with. But for families who have no other option, it may be worth pursuing this potential source of compensation.
Unfortunately, a recent development in Georgia’s Supreme Court could make this compensation even more challenging to recover. Numerous city municipalities are attempting to prevent a family from receiving a settlement, fearing that this could set a precedent.
Multi-Million-Dollar Settlement Could Be Overturned in Georgia
This controversy stems from a 2016 accident that claimed the life of a university student. The man was back in Georgia to spend time with family during Thanksgiving, and he died after losing control and crashing into a concrete planter.
At the time, the media reported that the student had swerved to avoid a deer. This maneuver caused him to veer into the planter, causing instantaneous death upon impact. Investigators concluded that he was not intoxicated or distracted at the time of the accident. He was also driving under the speed limit in a normal manner.
The family filed a wrongful death lawsuit in Georgia, claiming that the city was responsible for the dangerous placement of the concrete planter near the road. A jury agreed, and the family received $35 million. Months later, a state Court of Appeals upheld the verdict.
However, the City of Milton has not given up just yet. They are now petitioning the Supreme Court of Georgia to review the verdict, and this move has support from cities across the state. One report states that “dozens” of municipalities support the appeal, as they fear similar “nuclear verdicts” for similar lawsuits in the future.
One representative of Milton’s municipal government states that the Supreme Court must recognize the legal concept of “sovereign immunity.” This doctrine can make it difficult for plaintiffs to sue their own governments in certain situations.
What Happens Next?
It may take three to four months before the Supreme Court indicates whether they are willing to review the jury verdict. However, this case could have serious legal implications for future car accident lawsuits in Georgia.
City representatives state that if this ruling stands, it could lead to countless lawsuits for impacts with virtually any roadside objects left by city planners. These might include utility poles, concrete barriers, signs, or even trees. It is worth noting that impacts with trees represent a leading cause of traffic fatalities in the United States.
As of this writing, it is still possible to sue a city municipality for accidents caused by road defects. While the merits of some of these cases may be dubious, others are relatively clear-cut. City planners have a legal duty of care to keep roads in good condition, and this is one of the primary reasons we pay taxes.