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KELLY'S AUTO PARTS, NO. 1, INC. v. BOUGHTON

Nos. 85-1530, 85-1785 and 85-1808.

809 F.2d 1247 (1987)

KELLY'S AUTO PARTS, NO. 1, INC., Plaintiff-Appellant, v. Barry Nicholas BOUGHTON, Defendant-Appellee. Gene and Hazel ROBERTS, Plaintiffs-Appellees, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant. YET FOO WONG, d/b/a China Boy Restaurant, Plaintiff-Appellant, Eleanor Chen, Intervening Plaintiff, v. TRAVELERS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1987.

Attorney(s) appearing for the Case

Susan Tukel (argued), Denenberg, Tuffley & Bocan, Southfield, Mich., for defendant-appellee in No. 85-1530.

Howard E. Gurwin (argued), Farmington Hills, Mich., Richard M. Taubman, Rosenbaum, Bloom, Appel, Meyerson & Gallinsky, P.C., Detroit, Mich., for plaintiff-appellant in No. 85-1530.

Lance R. Mather, Smith, Haughey, Rice & Roegge, Grand Rapids, Mich., Lawrence P. Mulligan (argued), for defendant-appellant in No. 85-1785.

James R. Seastrom (argued), Muskegon, Mich., for plaintiffs-appellees in No. 85-1785.

James W. Metz (argued), Cross, Wrock, Miller & Vieson, Troy, Mich., for plaintiff-appellant in No. 85-1808.

Walter S. Schram (argued), Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins and Ewald, P.C., Southfield, Mich., for defendant-appellee in No. 85-1808.

Before KEITH, MARTIN, and WELLFORD, Circuit Judges.

WELLFORD, Circuit Judge.

This is a consolidation of three cases, each of which presents a similar issue. Kelly's Auto Parts No. 1, Inc. v. Boughton, is an appeal from a jury verdict against an insured who had sued under a fire insurance policy. The questions involved are whether the trial court committed reversible error by refusing to admit into evidence testimony that the insured's sole shareholder was not prosecuted for arson, and whether the court committed...

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