Attorney's Apparent Authority. Reversing a case noted earlier, the Supreme Court re-affirmed that an attorney has apparent authority to settle the client's case. The apparent authority includes cases that are not in suit, but it does not include cases in which the attorney has no contract with the alleged client. Pembroke State Bank v. Warnell, 266 Ga. 819 (1996).

Attorney's Limitation of Liability. Overruling an earlier decision which held attorneys liable for the professional misconduct of other members of the firm as a matter of the Supreme Court's authority to regulate the practice of law, the Supreme Court held that the ability of firm members to limit their liability for the acts of other members will be governed by the same legislation applicable to other professions. Henderson v. HSI Financial Services, Inc., 266 Ga. 844 (1996).

Interrogatories. The limit of 50 interrogatories in OCGA § 9-11-33 is a cumulative limit rather than a "per set" limit. Copher v. Mackey, 220 Ga. App. 43 (1996).

Jury Selection. The Court of Appeals held that a juror's having used racial epithets in the past, exhibiting preference for his own ethnic group, or viewing other ethnic groups with suspicion, does not alone require striking the juror for cause. Rower v. State, 219 Ga. App. 865 (1996).

Jury Selection - Batson. A trial court may not reject a facially race-neutral reason for a jury strike simply because it is implausible, fantastic, silly, or superstitious, but must make a further determination that the proposed explanation for the strike was motivated by discriminatory intent. Cooper v. State, 220 Ga. App. 531 (1996).

Evidence - Spoliation. If evidence is destroyed, the trial court has authority to preclude testimony about the destroyed item and to apply ultimate sanctions such as dismissal. Chapman v. Auto Owners Ins. Co., 220 Ga. App. 539 (1996).

Evidence - Traffic Violations. A guilty plea to a traffic violation is admissible in a civil case arising out of the violation, and a party's failure to contest the charges is deemed to be an admission of guilt under OCGA § 40-13-58. Cannon v. Street, 220 Ga. App. 212 (1996).

Coaching witnesses. The trial court has authority to order counsel not to discuss testimony with a witness during a short recess in the trial during the witness's testimony "to prevent unethical `coaching' or other improper influence on the witness during ongoing testimony," even though the witness is the attorney's client, but such a ruling during a longer recess may improperly limit the party's right to counsel. Parker v. State, 220 Ga. App. 303 (1996).

Jury Instructions - Number of Witnesses. The pattern instruction that the jury may consider the number of witnesses on each side should not be given in a criminal case. Clifford v. State, 266 Ga. 620 (1996).

Damages - Collateral Sources. The Supreme Court held that plaintiffs may not recover anxiety over payment of medical bills as an item of mental pain and suffering, finding no authority for such a recovery (but see Alford v. Oliver, 169 Ga. App. 865 (5) (1984)). Accordingly, the Supreme Court held that defendants may not introduce evidence of the plaintiff's insurance to rebut such a contention, but must move to strike evidence offered to support the contention. Warren v. Ballard, 266 Ga. 408 (1996).

Workers' Compensation Immunity. Injuries caused or aggravated by a Workers' Compensation provider's wrongful termination of medical benefits authorizes a tort claim against the provider. Zurich American Ins. Co. v. Dicks, 220 Ga. App. 725 (1996).

Workers' Compensation Subrogation. A tort defendant who settles with a plaintiff without knowledge of a workers' compensation subrogation lien is free of the lien, but if the defendant has knowledge, the defendant is subject to the workers compensation provider's subrogation rights. Rowland v. Department of Aministrative Services, 219 Ga. App. 899 (1996). In order for a Workers' Compensation provider to recover on its subrogation lien, it must show that the injured employee has been fully compensated for all economic and noneconomic losses, and its recovery is limited to sums actually paid. Wausau Ins. Co. v. McLeroy, 266 Ga. 794 (1996).

Professional Liability - Expert Affidavits. OCGA § 9-11-9.1(b) authorizes a 45 day extension of time for the plaintiff to obtain an expert's affidavit if suit is filed within ten days of the expiration of the statute of limitation if time constraints prevent the plaintiff from obtaining and filing an affidavit with the complaint. Allegations that these conditions exist are not subject to challenge. Works v. Aupont, 219 Ga. App. 577 (1995). But the allegations must be made explicitly; otherwise, the suit will be dismissed. Keefe v. Northside Hospital, Inc., 219 Ga. App. 875 (1996).

Legal Malpractice - Punitive Damages. Even a potential conflict of interest is sufficient to raise a jury issue on punitive damages in a legal malpractice case. Peters v. Hyatt Legal Services, 220 Ga. App. 398 (1996).

Malpractice Insurance. A legal malpractice exclusion for claims arising out of fraud or criminal acts excludes coverage for claims against partners for negligent supervision of a partner's fraudulent or criminal acts. Continental Cas. Co. v. H. S. I. Financial Services, Inc., 266 Ga. 260 (1996).

Official Immunity. Under the State Tort Claims Act, an official is not immune for actions taken with malice, but the malice must be actual rather than "implied." Merrow v. Hawkins, 266 Ga. 390 (1996).

Insurance - Omnibus Clause. Policy provisions covering drivers who have a reasonable belief that they are "entitled" to drive the vehicle are ambiguous as applied to unlicensed drivers who have the owner's permission to drive; therefore, absent a further definition of "entitlement," such drivers are covered under the omnibus clause. Hurst v. Grange Mut. Cas. Co., 266 Ga. 712 (1996).

Insurance - Med Pay Coverage. An insurer paying benefits under its medical payments coverage may validly require the insured to hold in trust proceeds received from a third party tortfeasor to repay the insurer, regardless of whether the insured had been completely compensated for all losses. Integon Gen. Ins. Co. v. Thompson, 220 Ga. App. 631 (1996) (cert. granted).

Workers' Compensation - Mental Disability. A claimant is entitled to Workers' Compensation benefits for mental disability and psychic treatment which, while not necessarily precipitated by a physical injury, arose out of an accident in which a compensable physical injury was sustained and in which that injury contributes to the continuation of the psychic trauma. Southwire Co. v. George, 266 Ga. 739 (1996).

Contracts - Interstate Forum Selection Clause. The Court of Appeals upheld a forum selection clause mandating exclusive venue for any legal proceeding arising out of the contract (including torts based on the contract) in Douglas County Nebraska. Brinson v. Martin, 220 Ga. App. 638 (1996).

Domestic - Temporary Alimony - Appeals. Appeals of temporary alimony awards must meet the standards for interlocutory appeals (OCGA § 5-6-34(b)) as well as discretionary appeals (OCGA § 5-6-35). Bailey v. Bailey, 266 Ga. 832 (1996).

Criminal - Lesser Included Offenses. If a jury returns a verdict on a lesser included offense, further deliberations are precluded even if the jury is not unanimous on the greater offense. Cantrell v. State, 266 Ga. 700 (1996).