Discovery - Privacy. The statutory privilege for psychiatric records is not waived by the failure of a plaintiff in a tort suit to object within 10 days to a third party request for such records. Kennestone Hosp., Inc. v. Hopson, 273 Ga. 145 (2000).
Summary Judgment. Summary judgment may not be granted on the otherwise uncontradicted testimony of a witness whose credibility is in issue, and credibility is in issue when the witness has been convicted of a crime of moral turpitude or when the witness is an employee of a party. McNeely v. Wal-Mart Stores, Inc., 246 Ga. App. 852 (2000).
Voir Dire. A trial court may require the written submission of voir dire questions before trial. Wilkins v. State, 246 Ga. App. 667 (2000).
Jury Views. The judge, a court reporter, and lawyers should attend a jury view; a criminal defendant should attend if testimony or evidence is presented; witnesses should not attend. Esposito v. State, 273 Ga. 183 (2000).
Recusal. Overruling earlier decisions, the Court of Appeals held that recusal may be required by the provisions of Canon 3E of the Code of Judicial Conduct, not just the grounds listed in OCGA § 15-1-8. Gillis v. City of Waycross, 247 Ga. App. 119 (2000).
Medical Negligence - Statute of Limitation - Continuous Treatment. If malpractice occurs during a continuous and substantially uninterupted course of examanition and treatment, the statute of limitation begins to run when the course of treatment ends. Williams v. Young, 247 Ga. App. 337 (2000).
Medical Negligence - Affidavits. The Court of Appeals categorized a number of allegations in a malpractice complaint against a hospital, filed without a § 9-11-9.1 affidavit, as either professional or ordinary negligence, and allowed the former type of claim to proceed only to the extent that it was based on the acts of hospital employees who were not "professionals." Upson County Hospital, Inc. v. Head, 246 Ga. App. 386 (2000).
Medical Negligence - Informed Consent. Prospectively overruling numerous cases, the Court of Appeals adopted the informed consent doctrine, which requires medical professionals to inform the patient of the material risks of a proposed treatment or procedure which are or should be known, and to inform the patient of available alternatives to the proposed treatment. The jury determines whether a reasonable person in the patient's position would consider the risk significant. Ketchup v. Howard, 247 Ga. App. 54 (2000).
Settlements - Fraud. A plaintiff who is induced to settle for a certain sum by an insurer's false representations that the sum was the limit of available insurance may sue the insurer in fraud without setting aside the settlement. Merritt v. State Farm Mut. Auto. Ins. Co., 247 Ga. App. 442 (2000).
Collateral Sources. The plaintiff may not waive the protection of the collateral source in order to show that the plaintiff's medical expenses have been paid by a company that is seeking reimbursement; a juror's assumption that a plaintiff has been reimbursed by insurance is immaterial and not subject to contradiction. Clemmons v. Smith, 246 Ga. App. 643 (2000).
Corporations. Corporations may be changed fundamentally by majority vote, but dissenting minority shareholders must be paid the fair value of their stock without discounting the value by "minority" or "marketability" discounts. Blitch v. Peoples Bank, 246 Ga. App. 453 (2000).