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HOBBS v. ROBERTS

No. 92-8139.

999 F.2d 1526 (1993)

Rosa HOBBS, Plaintiff-Appellant, v. E.E. ROBERTS, Harry Roberts, Shirley Roberts, City of Oglethorpe, Georgia, Defendants, Georgia Department of Transportation, Jerry Gossett, Tony Chambers, Archie C. Burnham, Defendants-Appellees, Ronald K. Colbin, Defendant.

United States Court of Appeals, Eleventh Circuit.

September 3, 1993.

Attorney(s) appearing for the Case

Warren N. Coppedge, Jr., Mitchell, Coppedge, Webster, Bisson and Miller, P.C., Dalton, GA, for plaintiff-appellant.

Henry C. Tharpe, Jr., Joy H. Sawyer, Kinney, Kemp, Pickell, Sponcler & Joiner, for defendants-appellees.

Ronald C. Goulart, Fort Oglethorpe, GA, for City of Oglethorpe.

Before HATCHETT, EDMONDSON and BIRCH, Circuit Judges.

EDMONDSON, Circuit Judge:

In this engineering malpractice case, Rosa Hobbs appeals from a judgment notwithstanding the verdict (JNOV) in favor of defendants. Because the course of proceedings shows Hobbs sued defendants in both their individual and official capacities, and because the Eleventh Amendment bars only official capacity suits, we affirm in part and vacate in part.

I. Background

Rosa Hobbs, a Tennessean, was hit by a truck when she...

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