Service. Service on Georgia residents outside the state must be made in person, not on an adult residing at the same place. Burkhardt v. Burkhardt, 275 Ga. 142 (2002).
Discovery - Corporations. If a corporation fails to appoint an employee with knowledge of issues listed in a 30(b)(6) notice of deposition, the corporation is subject to contempt. Mableton Parkway CVX, Inc. v. Salter, 254 Ga. App. 162 (2002).
Discovery - Other Settlements. A defendant's settlements of other similar cases may not be subject to discovery. Mableton Parkway CVS, Inc. v. Salter, 254 Ga. App. 162 (2002).
Discovery - Work Product. The protection for work product is not waived merely because a party shows the document to a third person, but only by acts making it available to the opposing party. McKesson HBOC, Inc. v. Adler, 254 Ga. App. 499 (2002).
Hearsay - Business Records. Contents of telephone conversations, though written in a business record, are inadmissible hearsay. White v. Regions Bank, 275 Ga. 38 (2002).
Admissions - Letters. The presumption that failure to respond to a letter is an admission of the propriety of the contents of the letter applies only to letters sent in the ordinary course of business, not letters sent between adversaries in litigation. Cross v. Tokio Marine & Fire Ins. Co., Ltd., 254 Ga. App. 739 (2002).
Prior Testimony. When prior testimony is read at trial, that testimony must be made part of the record in order to support an appeal. KMart Corp. v. Merriweather, 254 Ga. App. 13 (2002).
Res Judicata - Permissive Claims. The Court of Appeals continues to hold that the failure to file a permissive cross-claim in one suit may bar its assertion in a later suit. Stringer v. Bugg, 254 Ga. App. 745 (2002).
Tort - Statute of Limitation. Overruling earlier cases, the Court of Appeals held that a claim solely for recovery of medical expenses for a spouse is governed by the two-year, not the four-year, statute of limitation. Brent v. Hin, 254 Ga. App. 77 (2002) (noting cases going both ways regarding a claim for a minor child's medical expenses).
Medical Malpractice Statute of Limitation. Reversing a case noted here, the Supreme Court held that the statute of limitation in medical negligence cases, which begins to run on the date of the injury rather than the date of the negligence, is not subject to a "continuing treatment" exception. Young v. Williams, 274 Ga. 845 (2002).
Professional Negligence Affidavit - Extension of Time. Does an allegation that plaintiff believes in good faith that the statute of limitation would run in 10 days suffice to warrant an automatic extension of 45 days to file the §9-11-9.1 affidavit? Georgia Dermatology Clinic, P.A. v. Nesmith, 254 Ga. App. 121 (2002) (Yes); Smith v. Morris, Manning & Martin, LLP, 254 Ga. App. 355 (2002) (No); Witherspoon v. Aranas, 254 Ga. App. 609 (2002) (not if pleadings show that the allegation is obviously wrong).
Insurance - Bad Faith. A demand for payment is necessary for a bad faith claim under OCGA § 33-4-6; sending a proof of loss does not suffice. Stedman v. Cotton States Ins. Co., 254 Ga. App. 325 (2002).
Insurance - Arbitration. The Georgia Arbitration Code invalidates arbitration clauses in insurance policies. The Federal Arbitration Act, which would normally preempt state law, is reverse-preempted by the McCarran Ferguson Act. Continental Ins. Co. v. Equity Residential Properties Trust, 255 Ga. App. 445 (2002).
Workers Compensation. If an employee has worked less than 13 weeks at the time of injury, in order to sustain an award for lost wages, the employee must attempt to show the wages of similar employees. Rheem Manufacturing Co. v. Jackson, 254 Ga. App. 454 (2002).
Real Estate - Fraud. A property disclosure statement is not a term of the contract and cannot be used to show fraud if a merger clause excludes it. Ainsworth v. Perreault, 254 Ga. App. 470 (2002).
Real Estate - Notice. A buyer with notice of a tenant on the property has constructive notice of the tenant's right of first refusal in an unrecorded lease. The Phoenix Tower, Inc. v. Shaffer, 254 Ga. App. 394 (2002).
Attorneys - Fiduciary Duties. A professional corporation may be liable for breach of fiduciary obligations by structuring itself for high volume practice and using non-lawyers as negotiators without adequate supervision. The client may be entitled to fees for bad faith if the defendant attorney fails to return phone calls for an extended period. D. C. Joel, P.C. v. Chastain, 254 Ga. App. 592 (2002).
Wills - Attorneys. An attorney may not ethically serve as executor of a will drafted by the attorney without a full disclosure to the testator of possible conflicts. See In re Estate of Peterson, 256 Ga. App. 303 (2002).
Criminal - Right to Counsel. A waiver of counsel form suitable for a guilty plea is not suitable for proving that a defendant who tries the case pro se has knowingly waived rights to counsel. Tucci v. State, 256 Ga. App. 474 (2002).