Balamurali Ambati, M. D., Ph.D., formerly an assistant professor of ophthalmology at the Medical College of Georgia “MCG”, sued the Board of Regents of the University System of Georgia d/b/a MCG collectively, the “BOR” for breach of his employment contract. The suit was based on MCG’s violation of its Rules and Procedures for Responding to Allegations of Research Misconduct the “Rules”. Ambati sought injunctive relief, compensatory damages, and attorney fees pursuant to OCGA § 13-6-11. Following trial, the jury returned a general verdict for $650,000. The BOR appeals from the judgment entered on the verdict, asserting that the trial court erred by denying its motion for directed verdict concerning the interpretation of the contract, by admitting certain evidence on the claim of attorney fees, by striking the testimony of a character witness, and by entering certain discovery orders, including monetary sanctions. Finally, the BOR contends that the evidence is insufficient to sustain an award for lost earnings. Finding no error, we affirm. Viewed most favorably in support of the verdict,1 the evidence adduced at trial shows that Ambati was hired by MCG in 2002 as an assistant professor of ophthalmology and as the Director of Cornea Service.2 Ambati signed annual employment contracts with MCG through 2007. The last contract was accepted on July 2, 2007, and it covered the period from July 1, 2007, to June 30, 2008. In the interim, on May 23, 2007, Ambati signed a letter agreement with Case Western Reserve University to begin employment there on September 1, 2007; however, he notified the school on July 6 that he declined the offer. Subsequently, on July 9, the University of Illinois at Chicago “UIC” offered Ambati a full-time tenure track position as professor of ophthalmology, effective September 10. Ambati announced his resignation at MCG on July 9, with an effective date of September 9, 2007. He then accepted UIC’s offer.
Ambati joined the Ph.D. program at MCG in 2003. As part of his Ph.D. dissertation, Ambati was the lead author on an article that was published in the British Journal of Ophthalmology the “Journal”, first in its on-line edition in December 2006 and then in the print edition in April 2007. Ambati gave the dissertation committee a draft of the article in February 2007 and defended his dissertation in May. The committee accepted the dissertation. Subsequently, Sally Atherton, Ph.D., who served on the committee, developed certain concerns about the article. Atherton reviewed her concerns with Ruth B. Caldwell, Ph.D., who chaired the committee and co-authored the article. On August 9, Atherton and Caldwell submitted a letter to Douglas Miller, M. D., Dean of the School of Medicine, outlining their concerns.
