England v. Simmons

Appellants Victor L. England, and Frances England, his spouse, filed a complaint alleging negligence and/or willful and wanton conduct on the part of Phil O. Simmons, Kissack Water and Oil Service, Inc., Michael E. Barnes and Apollo Drilling Company after Victor England was injured in an automobile collision. On July 3, 1985, the district court denied appellants motion to amend their complaint in order to join additional parties. Subsequently, on October 1, 1985, the district court entered a summary judgment in favor of appellees, determining that no genuine issue as to any material fact existed. On appeal two issues are raised: