Settling Cases. Though an attorney has plenary authority as to third parties to settle the client's cases, failure to obtain the client's authority subjects the attorney to discipline under Standard 45. The client's authority may not be procured in advance, e.g., in the contract of employment. In the Matter of Lewis, 266 Ga. 61 (1995).

Discovery. A party may not depose the opponent's investigators as a means of circumventing the conditional trial preparation privilege for statements taken by investigators. The party must show a substantial need for the materials, which cannot be obtained without undue hardship, and the mere fact that the statements may contain impeachment material is insufficient to justify disclosure of the statements or deposition of the investigator. Sturghill v. Garrison, 219 Ga. App. 306 (1995).

Workers' Compensation Subrogation. Employer/insurers providing workers compensation benefits may intervene as a matter of right in suits filed by employees against third party tortfeasors. Dept. of Admin. Services v. Brown, 219 Ga. App. 27 (1995).

Batson. When a prima facie Batson violation has been found, the party striking the jurors must show a race-neutral reason related to the particulars of the case. Explanations in terms of the juror's body language, apparent inattentiveness, and other aspects of the juror's demeanor, and the "bare hunch" that such jurors would be unfavorable, are highly suspect. Parker v. State, 219 Ga. App. 361 (1995).

Evidence - Federal Limits on State Courts. According to Watson v. City of Atlanta, 219 Ga. App. 704 (3) (1995), Congress has no power to prescribe rules of evidence applicable in the state courts. Thus a federal statute prohibiting certain evidence from use in any suit is not effective in the state courts.

Expert Testimony. An expert may not testify about the consensus of the scientific community on a particular question over a hearsay objection that the expert is acting as a surrogate for non-testifying experts. Jordan v. Georgia Power Co., 219 Ga. App. 690 (1995).

Appeals - Timeliness. A notice of appeal filed prematurely is insufficient to confer appellate jurisdiction even in criminal cases; instead, the defendant must move for an out-of-time appeal in the trial court. Staton v. State, 219 Ga. App. 316 (1995).

Appeals - Transcripts. Do you need to file the entire transcript of a trial to preserve an error occurring only in the testimony of one witness? See the difference of opinion in Drummond v. Gladson, 219 Ga. App. 521 (1995).

Assumption of the Risk - Job Duties. Does a job duty to undertake potentially dangerous actions require a finding of assumption of the risk? Compare York v. Winn-Dixie Atlanta, Inc., 217 Ga. App. 839 (1995), and Styles v. Mobil Oil Corp., 218 Ga. App. 48 (1995), both holding "no," with Batts v. Cracker Barrel Old County Store, Inc., 219 Ga. App. 327 (1995), holding "yes."

State Tort Claims Act. Suits under the State Tort Claims Act must be personally served on the chief executive officer of the state department and the director of the Risk Management Division of the Department of Administrative Services under OCGA § 50-21-35; service on the deputy director is insufficient. Christensen v. State of Georgia, 219 Ga. App. 10 (1995).

Premises Liability. The editor has been reluctant to note premises liability decisions because (a) they are legitimately very dependent upon the facts of the case, and (b) in addition to their fact dependency, they appear to have disproportionately little precedential value in deciding future cases. Practitioners should note however the string of whole court cases from the September term of the Court of Appeals: Food Lion, Inc. v. Williams, 219 Ga. App. 352 (1995); Baker v. Winn Dixie Stores, Inc., 219 Ga. App. 513 (1995); Armenise v. Adventist Health System/Sunbelt, Inc., 219 Ga. App. 591 (1995); Piggly Wiggly Southern, Inc. v. Brown, 219 Ga. App. 614 (1995); Axom v. Wendy's International, Inc., 219 Ga. App. 623 (1995); Dill's Food City, Inc. v. Johnson, 219 Ga. App. 654 (1995); McDonald's Restaurants of Georgia, Inc. v. Banks, 219 Ga. App. 667 (1995); J. H. Harvey Co. v. Edwards, 219 Ga. App. 697 (1995); Metromedia Steakhouses Co., L. P. v. Ray, 219 Ga. App. 716 (1995). These cases manifest several divisions on the Court of Appeals over basic questions, foremost of which is whether a defect that can be seen (if one were looking down at it) must as a matter of law be seen, and whether shoppers are permitted by the law of Georgia to look at items on the shelves while walking in stores and to assume that the proprietor has kept the floors clean.

In the editor's opinion, the same standards of ordinary care for the protection of one's person should apply in premises cases as in other cases, and the proper test of the plaintiff's fault is whether the average shopper in the same or similar circumstances should have been looking for and seen the hazard which allegedly caused the fall. Axom, 219 Ga. App. at 627. If ordinary shoppers look at items on store shelves while walking forward and assume that the floors are free of hazards, which the editor believes to be empirically true, then that conduct should set the standard of ordinary care. The editor agrees with Chief Judge Beasley's observation that, in such cases, the issue is not one of distraction, as if the customer's primary task is to watch the floors _ on the contrary, watching the floors is the distraction, but rather one of ordinary care. Dill's Food City, 219 Ga. App. at 657.

Deeds - Attestation. Where an unofficial witness signs a deed at a time other than the time the grantor signs the deed and the grantor fails to acknowledge it to the witness, the deed is not properly attested and provides no constructive notice to subsequent purchasers even if it is recorded. Sears Mortgage Corp. v. Leeds Bldg. Products, Inc., 219 Ga. App. 349 (1995).

Contracts - Letters of Intent. A document may be a legally enforceable contract though it refers to itself as a "letter of intent" and states that, if acceptable, one party's lawyers will draw a formal agreement including the terms of the letter of intent and other terms typical of such agreements. Toncee, Inc. v. Thomas, 219 Ga. App. 539 (1995).

Exclusive Distributorship Contracts. Contracts purporting to grant to a retailer an exclusive distributorship are void as a restraint on trade in the absence of a reasonable territorial limit. PCS Joint Venture, Ltd. v. Davis, 219 Ga. App. 519 (1995).

Garnishments -- Banking Law. Banks are required to take whatever steps are necessary to comply with garnishment law, including ensuring that accounts opened as corporate accounts do truly belong to a duly formed corporation. The size of the bank and the difficulty of complying is no defense to this obligation. Mobile Paint Mnf. Co., Inc. v. Johnston, 219 Ga. App. 299 (1995) (garnishment naming only the judgment debtor and omitting other identifying information obliged bank to turn over assets of "corporate" account opened by the debtor in the name of an entity that was not duly incorporated).