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WI Court of Appeals – District III

Case Name: Travis R. Layher v. Patricia A. Hoffman

Case No.: 2022AP000625

Officials: Hruz, J.

Focus: Contracts

Hoffman, pro se, appeals from a judgment awarding $7,333.80 to Travis Layher and ordering Layher to return a vehicle to Hoffman at Hoffman’s expense. Hoffman argues that the appeals court should reverse the judgment because: (1) the circuit court erred by sequestering her husband, John Hoffman, from the courtroom at trial; (2) the court failed to adequately address Hoffman’s amended response and counterclaim; (3) the court erred by awarding damages on equitable grounds after Layher failed to prove either a breach of contract or a breach of warranty; (4) Layher’s attorney violated multiple Wisconsin Supreme Court Rules; and (5) there were “discrepancies” in the court’s oral ruling.

The case originated from a dispute over a used truck Layher purchased from Hoffman’s minor son, which soon after purchase, experienced severe mechanical failures. Layher’s complaint included claims for breach of contract, breach of warranty, violation of Wisconsin Statute § 100.18, civil theft, and promissory estoppel, leading to a two-day bench trial.

The appeals court rejected Hoffman’s arguments, affirming the circuit court’s judgment. Specifically, it found no error in the sequestration of Hoffman’s husband, addressed and dismissed Hoffman’s counterclaims due to lack of evidence, and affirmed the award of damages based on the violation of § 100.18, rejecting the notion that damages were awarded on purely equitable grounds. The court also dismissed claims of attorney misconduct and found no merit in Hoffman’s criticisms of the circuit court’s oral ruling, which included challenges to factual findings and legal interpretations related to the truck’s sale and condition.

The court emphasized that the award was based on a statutory violation rather than equitable considerations, and it supported the dismissal of Hoffman’s counterclaims due to lack of substantiating evidence.

Affirmed

Decided 03/12/24

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