Boyd Motors, Inc. v. Employers Insurance of Wausau

Plaintiff, Boyd Motors, Inc. (Boyd), appeals from an order of the district court granting summary judgment in favor of defendant, Employers Insurance of Wau-sau (Wausau). As a preliminary matter, we note that Boyd has not appealed the dismissal of its tort and punitive damage claims and that its attempt to obtain appellate review of a disputed discovery order issued by the magistrate some eight months prior to disposition of this case by the district court is ineffective due to Boyd’s failure to challenge the order first in the district court. See Niehaus v. Kansas Bar Ass’n, 793 F.2d 1159,…