City of Milton v. Chang: Georgia Re-defines “Road” to Include the Shoulder, Expanding Municipal Liability and Clarifying Pre-Judgment Interest

Introduction

On 24 June 2025 the Supreme Court of Georgia (sitting by designation through the Court of Appeals’ opinion) handed down City of Milton v. Chang. The case arose after college student Joshua Chang was killed when his car left the paved lanes of Batesville Road, slid sideways, and struck a large concrete planter sitting six feet from the edge of the asphalt but well within the City’s right-of-way. Mr. Chang’s parents sued the City of Milton for negligence and nuisance. A Fulton County jury awarded more than $30 million. The City sought a judgment notwithstanding the verdict (JNOV) and a new trial, relying principally on sovereign immunity. The Changs sought pre-judgment interest and a judgment entered nunc pro tunc. The appellate court issued a split decision:

Affirmed the liability verdict against the City (Case No. A24A0802);
Vacated the denial of pre-judgment interest and ordered entry of judgment nunc pro tunc to the date of the verdict (Case No. A24A0803).

Most significantly, the court unmistakably held that an obstruction on the shoulder of a roadway—being “within the right-of-way”—is part of the “road” under OCGA § 32-1-3(24). Consequently, municipalities have a ministerial duty to keep such areas free from hazards, waiving sovereign immunity when they fail to do so.

Summary of the Judgment

Sovereign Immunity Waived via Ministerial Duty. The planter, located on the shoulder and inside the City’s right-of-way, constituted a “defect in the road.” By statute (OCGA § 32-4-93(a)) cities have a ministerial (non-discretionary) duty to keep roads safe once they have notice of such defects. That duty waives sovereign immunity.
No Damages Cap from Insurance. Because immunity was waived through ministerial duty, the $2 million policy limit did not cap damages; the jury’s $30 million+ award stands.
Nuisance Issue Rendered Academic. Although the jury also found liability on nuisance grounds, the appellate court did not reach the merits because the negligence theory independently sustained the verdict.
Evidentiary Ruling Harmless. Any error in allowing City witnesses to opine on ordinance interpretation was harmless given other overwhelming evidence.
Mandatory Pre-Judgment Interest. OCGA § 51-12-14 uses the mandatory term “shall.” Because the Changs served qualifying statutory settlement demands that the City rejected and then obtained a larger verdict, the trial court must award interest from the 30th day after the final demand until judgment.
Judgment Must Be Entered Nunc Pro Tunc. Under Taylor v. Devereux Foundation, the trial court must date the judgment as of the jury’s verdict to correct a clerical, not judicial, omission.

Analysis

1. Precedents Cited and Their Influence

City Council of Augusta v. Tharpe, 113 Ga. 152 (1901) – Early articulation that cities must not allow dangerous obstructions “near the line” of a roadway. Provided historical backbone for treating adjacent hazards as roadway defects.
Kicklighter v. Savannah Transit Auth., 167 Ga. App. 528 (1983) – Recognized liability for objects “adjacent to, and suspended over” streets that render travel hazardous; directly quoted by the court in Chang.
Mayor & Aldermen of Savannah v. Herrera, 343 Ga. App. 424 (2017) – Reiterated that municipalities have a ministerial duty after notice of defects; guided the two-step analysis (defect + notice) employed here.
Smith v. City of Roswell, 361 Ga. App. 853 (2021) – City relied on it; court distinguished it because the Roswell mailboxes were concededly outside the roadway. Chang clarifies that Smith does not immunize cities when the obstruction sits on the shoulder.
Taylor v. Devereux Foundation, 316 Ga. 44 (2023) – Provided authority for entering judgments nunc pro tunc; adopted on cross-appeal.

2. Legal Reasoning

Statutory Definition Controls. OCGA § 32-1-3(24) explicitly defines “road” to include “surface, shoulders, and sides.” The court refused to read out the word “shoulders,” citing canons against surplusage.
Ministerial vs. Discretionary Functions. Maintaining roads is ministerial. When a ministerial duty is breached after actual or constructive notice, immunity is waived (OCGA § 36-33-1(b)).
Notice Analysis. Constructive notice existed: the planter pre-dated incorporation; it appeared on 2012 road-repair plans; and was visible in City surveys. Whether notice existed was a classic jury question.
Separate Insurance Waiver. Purchasing insurance (OCGA § 36-33-1(a)) can waive immunity only up to policy limits, but that analysis is unnecessary once waiver occurs through ministerial duty.
Nuisance Doctrine. Though not essential to the outcome, the court re-affirmed that cities may be liable for maintaining a continuing nuisance even in the face of sovereign immunity.
Evidentiary Error Harmless. Interpretation of ordinances is a legal question; but given the overwhelming statutory evidence, any witness commentary could not have affected the verdict (OCGA § 24-1-103(a)).
Interest Is Compulsory. The Unliquidated Damages Interest Act employs mandatory language; once the statutory prerequisites are met, the court must award interest—no discretion remains.
Clerical vs. Judicial Error. Delayed entry of judgment is a clerical omission correctable by nunc pro tunc. It records the verdict date without altering substantive rights.

3. Impact on Georgia Law and Future Cases

Expanded Roadway Definition. Any obstruction within the right-of-way (even on the grassy shoulder) can now be deemed a roadway defect. Municipalities must inspect shoulders with the same vigilance as travel lanes.
Heightened Exposure to Damages. Cities can face uncapped verdicts when ministerial duties are breached, regardless of insurance limits.
Notice Litigation. Litigants will increasingly use public mapping tools (Google Street View, survey plats) to establish constructive notice, following the roadmap in Chang.
Pre-Judgment Interest Routine. Plaintiffs will more aggressively use OCGA § 51-12-14 demands. Trial courts are instructed that interest is automatic once statutory conditions are met.
Administrative Practices. Clerks and judges must enter verdicts promptly or be prepared to correct the record nunc pro tunc. Delay affects interest accrual and post-judgment motions.
Distinction from Smith v. Roswell Solidified. Defendants can no longer rely on Smith to shield liability for shoulder hazards; the case is confined to objects clearly outside the right-of-way.

Complex Concepts Simplified

Sovereign Immunity: A legal doctrine that protects governments from being sued without their consent. In Georgia, municipalities are immune unless the General Assembly or the Constitution waives immunity.
Ministerial Duty: A task a city must perform in a prescribed manner without discretion—here, maintaining roads. Breach after notice waives immunity.
Right-of-Way: The full width of land dedicated for road purposes, including pavement, shoulders, and sometimes sidewalks and drainage structures.
Defect in the Road: Any condition that makes the road unsafe for ordinary travel—potholes, obstructions, improper grading, or, as in this case, a concrete planter on the shoulder.
Constructive Notice: Knowledge the law imputes to a city when a defect exists long enough that the city should have discovered it, even if it did not actually know.
Nunc Pro Tunc: Latin for “now for then.” A procedural device allowing a court to back-date an order to reflect the date when the action actually occurred, correcting clerical delays.
Pre-Judgment Interest (OCGA § 51-12-14): Interest awarded on unliquidated tort damages when (1) plaintiff serves a certified demand; (2) defendant refuses; and (3) verdict equals or exceeds the demand. It accrues from 30 days after the demand until judgment.

Conclusion

City of Milton v. Chang reshapes Georgia municipal liability in three profound ways: (1) it squarely holds that roadway shoulders are part of the “road,” bringing shoulder hazards within the ambit of a city’s ministerial duty and erasing sovereign immunity defenses; (2) it underscores that ministerial duty waiver is analytically distinct from insurance waiver, exposing municipalities to uncapped verdicts; and (3) it cements that pre-judgment interest under OCGA § 51-12-14 is mandatory, while judgments must be dated as of verdict to avoid clerical distortions. Future litigants, city attorneys, and trial judges must adjust inspection protocols, litigation strategies, and docket management practices accordingly. Georgia’s roads—including their shoulders—are now indisputably municipal responsibilities, and failure to police them carries significant financial consequences.