Settlement of Ward's Claims; Attorney's Fees. A trial court may approve the settlement of a ward's claim, refer the settlement to the probate court, or approve the amount of the settlement while referring matters of distribution to the probate court. The court that approves the distribution has jurisdiction over the amount of the ward's attorney's fees and may compel the attorney to pay such fees into the registry of the court. Gnann v. Woodall, 270 Ga. 516 (1999).
Release - Vicarious Liability. Overruling prior cases, the Supreme Court held that a release or covenant not to sue given to an employee does not release an employer who is alleged to be vicariously liable unless the document names the employer. Miller v. Grand Union Co., 270 Ga. 537 (1999). But see Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 236 Ga. App. 181 (1999) (dismissal with prejudice against employee bars claim against vicariously liable employer).
Evidence - Laser Technology. Though statutorily listed as a speed detection device, laser-based speed detection devices have not reached the level of scientific acceptability at which its results may be introduced into evidence without expert testimony. Izer v. State, 236 Ga. App. 282 (1999).
Evidence - Regulations. For an extensive discussion of the Manual on Uniform Traffic Control Devices, when it may or may not be judicially noticed, and when it must be introduced into evidence, see Donaldson v. Dept. of Transp., 236 Ga. App. 411 (1999).
Evidence - Computer-Generated Animations. For discussions of the admissibility and use of computer-generated animations that re-enact aspects of the events in dispute, see Cleveland v. Bryant, 236 Ga. App. 459 (1999), and J. B. Hunt Transport, Inc. v. Brown, 236 Ga. App. 634 (1999).
Proximate Cause. The Court of Appeals overruled earlier cases holding that a defendant is not liable when his negligence caused a condition that was characterized as "complete and static," after which the plaintiff is injured by the negligence of a second defendant. Harrison v. Jenkins, 235 Ga. App. 665 (1998).
Demand Notes - Statute of Limitation. Before 1996 the period of limitation on a demand note ran from the date of execution. Now, the period is six years from the date of demand. The new statute applies, even if the period of limitation had already expired under the old law. McNeal Constr. Co. v. Wilson, 235 Ga. App. 759 (1998) (cert. granted).
Employee Manuals. According to Ellison v. DeKalb County, 236 Ga. App. 185 (1999), some terms in an employee personnel manual are part of the contract between the parties, such as compensation terms, but other parts of the manual are not binding, such as termination procedures and the promotion process.
Insurance - Bad Faith. A suit for bad faith penalties must be filed more than 60 days after a demand under OCGA § 33-4-6 for payment of benefits. Otherwise, the penalties of OCGA § 33-4-6 are unavailable. These rules apply even if the insured must file suit earlier than the statutory period of limitation because of a shorter contractual period of limitation. Cagle v. State Farm Fire & Cas. Co., 236 Ga. App. 726 (1999).
Domestic - Child Support. A trial court may not award the dependent child tax exemption to a non-custodial parent. Bradley v. Bradley, 270 Ga. 488 (1999).