Fraud-Contract-Retaliation

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WI Court of Appeals – District III

Case Name: Glendale Stewart v. Mike Pozorski

Case No.: 2022AP000202

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Fraud-Contract-Retaliation

Stewart purchased a vehicle from Power Sports (owned by Pozorski) for a total amount of $7,349. As part of his purchase, Stewart signed two documents noting that the vehicle was sold “AS IS.” After purchasing the vehicle, Stewart encountered issues with the vehicle in July and October 2018. Specifically, Stewart noticed water leaking into the vehicle, and he called Power Sports to discuss the issue. Both times, Power Sports attempted to help Stewart resolve the problem. After losing control of vehicle Stewart files a second complaint with the DOT against Power Sports, and the DOT noticed corrosion but the DOT could not make a determination that the vehicle frame was in the same condition as when it was purchased. Stewart, pro se, appeals the circuit court’s granting of summary judgment to Mike Pozorski, Elizabeth Ebert, Eric Hillmann, and Power Sports Plus, LLC (collectively, “Power Sports”) and denying summary judgment to Stewart. Stewart argues that the court erred by granting summary judgment to Power Sports and that the court erroneously exercised its discretion in numerous ways. The circuit court did not err by granting summary judgment in favor of Power Sports, as the plaintiff failed to show an issue of material fact on his claims.

Affirmed.

Decided 02/21/24

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