Georgia Tort Claims Act - Notice. A plaintiff must serve the appropriate governmental agencies with notice of a claim pursuant to OCGA § 50-21-26, even if the insurance adjuster handling the claim states that notice can be given by other means. The Georgia Tort Claims Act must be strictly construed. The notice deadlines can be tolled as other statutes of limitation. Howard v. State of Georgia, 226 Ga. App. 543 (1997).

Service of Process. A plaintiff may not rely on stale information such as the address on the defendant's driver's license at the time of accident when attempting service 18 months later. Patterson v. Johnson, 226 Ga. App. 396 (1997).

Jurisdiction - Amendability. If, after a suit is filed but before it is served, a plaintiff determines that the basis of jurisdiction against the defendant is different from what was pled, the plaintiff must amend the complaint to state the proper basis for jurisdiction and then serve the process in accordance with the correct jurisdictional standard; the plaintiff may not amend after serving the original complaint. Driver v. Nunnallee, 226 Ga. App. 563 (1997) (where complaint alleged local residence of defendant, but defendant moved out of state before service of complaint and was served under the long arm act, the original complaint was not "valid" and therefore amendment alleging jurisdiction under long arm act could not relate back).

Psychological Examination. Under OCGA § 9-11-35, a Court may order a plaintiff claiming continuing mental injury to be examined by a "physician," but not by a psychologist. The order must specify the manner, conditions, and scope of the examination rather than give the physician authority to do whatever is deemed necessary. Roberts v. Forte Hotels, 227 Ga. App. 471 (1997).

Affidavits. An affidavit in support of an OCGA § 9-11-9.1 affidavit is invalid if it was not signed in the presence of a notary public after a proper oath has been given. Phoebe Putney Memorial Hosp. v. Skipper, 226 Ga. App. 585 (1997).

Sovereign Immunity - Appeals. Because sovereign immunity deprives the courts of jurisdiction, evidence of a waiver of or exception to sovereign immunity must appear in the record on appeal or the appellate court will reject the claim, even if the issue has not been raised or ruled on in the trial court. Wellborn v. DeKalb County School District, 227 Ga. App. 377 (1997).

Abusive Litigation. An attorney need not have enough facts to establish a claim before filing a suit if the facts known to the attorney supply a colorable inference in support of the claim, as opposed to a guess or sheer speculation, but there is a continuing duty to pursue discovery or investigation, and if that investigation fails to produce support for the claim after a reasonable opportunity, the attorney should dismiss or discontinue the claim. Kluge v. Renn, 226 Ga. App. 898 (1997).

Workers Compensation - Appeals. Under the 1994 amendment of OCGA § 34-9-103, the Appellate Division of the State Board of Workers Compensation is not required to defer to the findings of an Administrative Law Judge, but must weigh the evidence and assess the credibility of witnesses and may substitute its own findings. Bankhead Enterprises v. Beavers, 267 Ga. 506 (1997); Owens-Brockway Packaging, Inc. v. Hathorn, 227 Ga. App. 110 (1997).

Uninsured Motorist Coverage. Failure to obtain all insurance payments available from a liability carrier may be a complete defense to a claim for underinsured motorist coverage. Daniels v. Johnson, 226 Ga. App. 789 (1997) (plaintiff settled for all insurance available on the face of the policy, though the law required the liability insurer to provide more coverage).

Insurance - Secured Interests. If secured collateral is destroyed, the tortfeasor's insurance constitutes "proceeds" of the collateral, and the insurer's payment of the proceeds to the debtor entitles the secured party to sue the insurer for conversion. JCS Enterprises, Inc. v. Vanliner Ins., 227 Ga. App. 371 (1997).

Finance Leases. A clause in a "finance lease" requiring the lessee to pay the finance company regardless of the fault of the equipment supplier is valid unless there is an agency relationship between the finance company and the equipment supplier. Colonial Pacific Leasing Corp. v. McNatt, 268 Ga. 265 (1997).