Discovery - Defense Mental Examinations. A plaintiff claiming mental injury provides good cause for an examination to determine the existence and extent of the injury. An order granting the medical examination must place specific limits on the manner, condition, and scope of the examination. The examination must be confined to the problems claimed to result from the tort. An examination must be conducted by a physician, which excludes the use of a psychologist. Roberts v. Forte Hotels, Inc., 227 Ga. App. 471 (1997).

Counterclaims - Renewal. A defendant may dismiss and renew a counterclaim under OCGA § 9-2-61, but if the counterclaim is compulsory and the main claim proceeds to judgment, the counterclaim will be barred by res judicata. Robinson v. Stokes, 229 Ga. App. 25 (1997).

Trials - Ready List. USCR 8.4 requires the first ten scheduled cases to be ready for trial, but all other cases must also be ready for trial unless the parties contact the calendar clerk for a specific time or for permission to await a call. Ector v. Unison Ins. Co., 228 Ga. App. 520 (1997).

Notice to Produce at Trial. A notice to produce documents at trial is not subject to being quashed for occurring outside the period allowed for discovery. Gaffron v. MARTA, 229 Ga. App. 426 (1997).

Evidence - Experts. Must an expert be tendered as an expert in order to give expert testimony sufficient to support a verdict? See Hudson v. Santangelo, 228 Ga. App. 768 (1997) (apparently yes).

Evidence - Continuing Objections. Counsel must object each time inadmissible evidence is introduced unless the trial court grants a continuing objection. Failure to do so may result in a waiver of an earlier objection. The trial court's ruling on the first objection that the evidence is relevant does not constitute the granting of a continuing objection. State v. Larocque, 268 Ga. 352 (1997).

Evidence - First Offender. A first offender conviction may not be used in civil or criminal cases to show that a witness is untrustworthy. Matthews v. State, 268 Ga. 798 (1997) (leaving open whether such a conviction may be used to contradict the testimony of the witness).

Contact with Jurors. Counsel may contact jurors after a trial, but should clearly inform the juror that he or she has the right to answer or decline to answer questions. Sears v. State, 268 Ga. 759 (17) (1997).

Attorney Conflicts. An offer to settle the separate claims of two different plaintiffs, contingent upon settling both claims, may put the attorney for both plaintiffs in a conflict. Before agreeing to the representation, the attorney should recognize the possibility of divergent interests, explain to clients the implications of common representations, and continue employment only if the clients consent. Williams v. St. Paul Companies, 228 Ga. App. 656 (1997).

Wrongful Death - Attorney-Client Relationship. A wrongful death plaintiff is a fiduciary for the other heirs entitled to proceeds of the suit, and the lawyer for the plaintiff vicariously represents the other heirs. Where the plaintiff and the other heirs have conflicting interests in the allocation of any settlement, it is a breach of the plaintiff's fiduciary duty to control the allocation, authorizing an award of punitive damages against the plaintiff and the plaintiff's attorney. Home Ins. Co. v. Wynn, 229 Ga. App. 220 (1997).

Premises Liability. The Supreme Court disapproved many cases and held that routine issues of negligence of the invitee in premises liability cases are not generally susceptible to summary judgment; that the invitee's conduct is to be judged under all the circumstances at the time and place of the fall; that an invitee's failure to watch where she steps does not prove negligence as a matter of law; that the visibility of a hazard does not prove an invitee's negligence as a matter of law; that looking at items on display is some evidence of the exercise of ordinary care; and that the plaintiff need not produce evidence of her own ordinary care on motion for summary judgment until the defendant has first introduced evidence of negligence. Robinson v. Kroger Co., 268 Ga. 735 (1997).

Negligent Misrepresentation. A document that is not part of a contract, but which incorrectly explains the terms of the contract to a prospective party, may not be enforced as a contract term, but it can yield a cause of action for negligent misrepresentation. Collins v. Life Ins. Co. of Georgia, 228 Ga. App. 301 (1997).

Contractor's Damages. A clause excluding liability for lost profits precludes a contractor from recovering any damages for the owner's breach of a contract, since the contractor's damages are based on profit from the contract. Imaging Systems International, Inc. v. Magnetic Resonance Plus, Inc., 227 Ga. App. 641 (1997).

Workers' Compensation Subrogation Lien. The Court of Appeals recommended use of a special verdict form to determine whether a plaintiff has been fully compensated for the purpose of allowing a workers' compensation subrogation lien. Bartow County Bd. of Educ. v. Ray, 229 Ga. App. 333 (1997).

Workers' Compensation. A superior court reviewing an award of the appellate division of the state board of workers' compensation does not need to schedule any hearing within 60 days of the date of the appeal, and may simply allow the award to be affirmed by operation of law. West Marietta Hardware v. Chandler, 227 Ga. App. 436 (1997).

Marital Property. A home that is brought into a marriage is considered as both marital and non-marital property, and the former is subject to equitable division. Horsley v. Horsley, 268 Ga. 460 (1997).