CLE Update

Renewal - Amendments. An amendment adding theories of recovery in a renewed complaint does not relate back to the filing of the original suit. Burns v. Dees, 252 Ga. App. 598 (1, d) (2001).

Jury Duty. There should be no blanket exemption from jury duty based on a juror's medical problems; instead, the judge must determine that jury service would pose a special and undue hardship on the juror. Yates v. State, 274 Ga. 312 (2001).

Impeachment - Crime Victims Fund. A prosecuting witness may be cross-examined about her efforts to seek money from the Georgia Crime Victims Emergency Fund. Bowen v. State, 252 Ga. App. 382 (2001).

Impeachment - Insurance. An expert in a medical malpractice case may not be cross-examined by showing that the expert and defendant have the same mutual liability insurer, even though that fact would disqualify the expert from serving on the jury for interest. Chambers v. Gwinnett Community Hosp., Inc., 253 Ga. App. 25 (2001).

Prejudgment Interest. For purposes of deciding whether pre-judgment interest should be awarded under OCGA § 51-12-14, two separate demands for $X against separate defendants will be construed as a single demand for $2X against both defendants. Wolf Camera, Inc. v. Royter, 253 Ga. App. 254 (2002).

Insurance - Notice of Suit. To avoid an insurer's non-cooperation defense, a plaintiff sending the insurer a copy of the complaint must include a summons and case identifying information. Peachtree Cas. Ins. Co. v. Bhalock, 252 Ga. App. 328 (2001).

Government - Estoppel - Due Diligence. A governmental body may be estopped from asserting that a loan it seeks is ultra vires. The lender may fulfill its duty of due diligence by relying on the representation of the city that it is borrowing for a proper purpose. City of Bremen v. Regions Bank, 274 Ga. 733 (2002).

Child Custody. A parent's moving away may justify a change of custody if both parents have joint physical custody. Lewis v. Lewis, 252 Ga. App. 539 (2001) (distinguishing cases where one parent alone had physical custody).

Criminal - Roadblocks. Evidence gathered at a roadblock may be suppressed unless the State proves that the roadblock was conducted for a proper purpose such as traffic offenses or specific criminal conduct, but not for the purpose of detecting ordinary criminal wrongdoing. Barker v. State, 252 Ga. App. 695 (2001).