Victor L. England and Frances England, Husband and Wife, Appellants (plaintiffs) v. Phil O. Simmons and Kissack…

Summary

The Wyoming Supreme Court affirmed summary judgment for Simmons and his employer and upheld the denial of plaintiffs’ motion to join additional defendants. It held that the district court acted within its discretion in denying joinder and that the undisputed record showed Simmons violated no legal duty, was not a cause in fact or proximate cause of the collision, and therefore could not be liable for negligence or willful and wanton conduct. Justice Urbigkit, dissenting, would have reversed and remanded because conflicting evidence supported jury consideration of Simmons’s statutory driving duties and causation.