Calvin Whittaker and Cheryl Whittaker V‪.‬

Plaintiffs appeal as of right from an order of partial summary judgment granted December 4, 1984, dismissing Jet-Way, Inc., as a defendant in this action. Plaintiffs also appeal from the trial court's order of February 26, 1985, denying their motion for a rehearing or, in the alternative, for leave to file a second amended complaint. We affirm. Plaintiffs filed this action on January 28, 1983, for non-economic damages suffered as the result of a motor vehicle accident which occurred on December 10, 1982. Plaintiffs Calvin and Cheryl Whittaker were passengers in a car driven by Mary Wilson and owned by Russell Wilson. The Wilson car was struck from behind by an automobile operated by defendant Stanley Price, Jr. The force of the impact caused plaintiffs' vehicle to roll over and burst into flames and both plaintiffs were left with serious and permanent injuries and disfigurements. Plaintiff Eric Whittaker's claim is derivative of that of his parents. Initially, Stanley Price, Jr., was the only named defendant.