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City of Atlanta v. Bennett

In a class-action lawsuit alleging that a firefighter promotional examination was tainted by cheating, the trial court abused its discretion in excluding the testimony of the owner of the company that developed the exam.

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Following a trial by jury and the return of a verdict by special interrogatory in this class-action lawsuit brought by City of Atlanta firefighters “the appellees”, the Superior Court of Fulton County entered a judgment against the City of Atlanta “the City”, adopting the jury’s finding that a 2010 firefighter promotional examination was tainted by cheating and issuing a permanent injunction related to any promotions that would be made in the aftermath.1 On appeal, the City argues that 1 the trial court erred by excluding the testimony of a City witness, 2 the trial court erred by denying the City’s motion for directed verdict, 3 the jury’s verdict was not authorized by the evidence, 4 the trial court’s injunction was not supported by evidence, and 5 the trial court erred in submitting the appellees’ claim for OCGA § 13-6-11 fees to the jury when they failed to give ante-litem notice. Because we agree with the City that the trial court abused its discretion in excluding the testimony of a City witness, we reverse and remand for a new trial.

This case arose when the appellees filed a class-action complaint in July 2010, contending that the City of Atlanta Fire-Rescue Department’s 2010 lieutenant promotional examination was tainted by cheating. Based on the appellees’ contention that the City failed to conduct a fair administration of the promotional examination, the lawsuit 1 alleged violations of statutory obligations, breach of contract, and equal protection on behalf of firefighters who “did not cheat,” and 2 sought equitable relief in the form of an injunction and OCGA § 13-6-11 attorney fees.

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