Trials - Notice of Conflict. The provisions of USCR 17.1 for giving notice of a trial conflict at least seven days before a "day certain" on which a case is scheduled refer to the first day in a multi-week term; notices must thus be given a week or more before any trial term in which a case may be reached. McKnight v. Wyrick, 247 Ga. App. 584 (2001).
Impeachment - Prior Conviction. A criminal defendant who testifies is not subject to impeachment by proof of a prior conviction involving moral turpitude unless the defendant has also put his character in issue. Mann v. State, 273 Ga. 366 (2001).
Impeachment - Prior Statements. Contrary to other reported decisions, the Court of Appeals held that a prior inconsistent statement may be used to impeach a witness who states merely that he does not remember making the statement. Spann v. State, 248 Ga. App. 419 (2001) (but see, e.g., Bischoff v. Payne, 239 Ga. App. 824 (1999)).
Torts - Impact Rule. A plaintiff may recover for mental pain and suffering if an automobile collision, which does not cause physical injury, aggravates a preexisting mental illness and leads to pecuniary loss. Nationwide Mut. Fire Ins. Co. v. Lam, 248 Ga. App. 134 (2001).
Releases - Scope - Ambiguity. A release of all claims against a named company and its "affiliated" companies, as a part of a severance package, released a tort claim against a joint venturer with the named company's parent company; "affiliated" is not ambiguous and the owner of a joint venturer is "affiliated." Harkins v. CA 15th Investors, Ltd., 247 Ga. App. 549 (2001).
Insurance - Uninsured Motorist. Although an insurer must obtain the insured's signed rejection of the minimum required limits of uninsured motorist coverage, the insurer need not offer higher levels of coverage unless the insured requests it in writing. Jones v. Georgia Farm Bureau Mut. Ins. Co., 248 Ga. App. 394 (2001).
Corporations - Piercing the Veil. A corporation's owner's inability to explain discrepancies in reporting taxable income may authorize a finding that the owner intermingled individual and corporate assets so as to warrant piercing the corporate veil. Soerries v. Dancause, 248 Ga. App. 374 (2001).
Criminal - Discovery. The reciprocal discovery statute requires the state to provide information available from GCIC, not just the information in its files. State v. Dickerson, 273 Ga. 408 (2001).
Unauthorized Practice of Law, Notwithstanding the Eckles rule that non-lawyers may not represent other entities, a probation officer is authorized to represent the state in probation revocation proceedings. Leverette v. State, 248 Ga. App. 304 (2001).