Arbitration - Consumer Contracts. An arbitration agreement in a mobile home sales contract that required an unsophisticated purchaser to arbitrate problems at the manufacturer's principal place of business in another state, after paying a $1,250 initiation fee, and requiring a $150 daily administrative fee, plus liability for the administrator's fees, and reserving the manufacturer's rights to pursue its remedies in court against the purchaser, was enforceable against the consumer. Results Oriented, Inc. v. Crawford, 245 Ga. App. 432 (2000) (cert. granted).
Statutes of Repose. A party may not dismiss and renew a malpractice case after the expiration of the statute of repose, even if the dismissal is caused by the absence of a necessary witness under subpoena at trial. Brooks v. Meriwether Memorial Hosp. Auth., 246 Ga. App. 14 (2000).
Discovery - Repetition. A party is entitled to repeated inspection of objects in the possession of the opponent where it is necessary to reassess the party's position as the litigation evolves. International Harvester Co. v. Cunningham, 245 Ga. App. 736 (2000).
Trial - Preservation of Errors. In order to preserve an error in a sua sponte ruling at trial, if a party's objections have not already been made known, the party must assert them at the time of the ruling, notwithstanding OCGA § 9-11-46. Plaza Properties, Ltd. v. Prime Business Investments, Inc., 273 Ga. 97 (2000).
Spoliation of Evidence. A trial court may remedy the harm from destruction or spoliation of evidence by charging on the rebuttable presumption that the evidence would be harmful to the spoliator, excluding testimony about the evidence, or dismissing the case or defenses. Factors to be considered in deciding the relief were given in R. A. Siegel Co. v. Bowen, 246 Ga. App. 177 (2000) (sale of wrecked salvage car prevented determination of cause of wreck).
Argument - Right to Close - Cross-Examination of Witness. Cross-examining a witness based on the witness's prior written statement does not introduce evidence, for purposes of determining the right to closing argument, if the text relates to impeaching the witness, but the defendant introduces evidence by using text that is not relevant to impeachment of the witness or by introducing the statement into evidence. Smith v. State, 272 Ga. 874 (2000).
Attorney's Fees - Quantum Meruit. An oral contingent fee contract is unenforceable. Attorney's fees awarded in quantum meruit are based only on the value of the work to the client, not on oral or prior contingent fee contracts. Nelson & Hill, P.A. v. Wood, 245 Ga. App. 60 (2000).
Privacy - Medical Records. Parties have rights to privacy in their medical history contained in medical records, even if the records are owned by a medical provider, that prevent disclosure to adversaries without procedural due process protections of notice and an opportunity to object. King v. State, 272 Ga. 788 (2000).
Fraud - RICO. Though a civil fraud claim may be barred by a merger clause in the contract, a RICO claim based upon criminal theft by deception may be viable. Willis v. First Data Pos, Inc., 245 Ga. App. 121 (2000) (cert. granted).
Uninsured Motorists. An uninsured motorist carrier does not lose subrogation rights against the tortfeasor due to failure to pursue a cross-claim in a tort action, and it is entitled to judgment as a matter of law against the tortfeasor for amounts paid under the uninsured motorist coverage. State Farm Mut. Auto. Ins. Co. v. Wright, 245 Ga. App. 493 (2000).
Construction Defects - Damages. Cost of repairs is the usual measure in tort cases alleging negligent construction, while in breach of contract cases, either that measure or the difference in value measure is valid. Both measures may be applied if some defects cannot be repaired. Fair market value of the building must be proved in either case because the cost of repairs measure is limited by fair market value. Ryland Group v. Daley, 245 Ga. App. 496 (2000).
Commercial Paper - Capacity. Since 1996, an individual signing a check drawn on a business account is not personally liable even if the instrument fails to show that the signature is in a representative capacity. Helmer v. Rumarson Technologies, Inc., 245 Ga. App. 598 (2000).
Criminal Law - Terry Stops. A defendant's presence in a high-crime area and unprovoked flight from officers may suffice to justify a Terry stop and frisk, but the high-crime area must be one in which police could anticipate finding ongoing criminal activity, not simply an apartment complex in which various crimes have been reported. Smith v. State, 245 Ga. App. 613 (2000).
Criminal Law - Venue - Double Jeopardy. Venue must be proven beyond a reasonable doubt in all criminal cases; the "slight evidence exception" is disapproved. Nevertheless, failure to prove venue does not relate to the merits and thus double jeopardy does not bar retrial. Jones v. State, 272 Ga. 900 (2000).
DUI - Administrative Procedures. Failure to publish procedures for granting permits for the administration of breath, blood and urine tests requires suppression of results of breath tests. State v. Bowen, 245 Ga. App. 159 (2000) (cert. granted).