Smiley v. Hart County Board of Education

The original complaint named only the Branstetter Hardware, Inc., as the defendant. The amended complaint added as a defendant the “Hart County Board of Education, composed of D. M. Belt, Carl J. Wilkerson L. D. Branstetter, Jr., Obert Jaggers and H. W. Harlow, in their capacity as Board Members.” The amended complaint and a third-party complaint used exactly the same denomination of the Hart County Board of Education and its board members. The complaint, the third-party complaint and the amendments thereto made no allegation of individual negligence on the part of the board members, but, on…