Schulte v. Baber Well Servicing Co.

OPINION

HENDLEY, Judge.

We granted an application for interlocutory appeal from the district court’s order allowing plaintiffs, Western Insurance Company and Ronald J. Schulte, to file a first amended complaint naming defendant’s insurance company. After Schulte was injured, Western paid him workmen’s compensation benefits. Both plaintiffs then filed a complaint for damages against an alleged third party tort-feasor, the defendant. Western is seeking reimbursement for the workmen’s compensation paid to plaintiff Schulte. After discovery, but before trial, plaintiffs learned defendant was…