2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch

DEPQ-SQUUSH Condcnscl t lM James D. Kinney
1 Q. And spaificlilly rqg-cling price, you’ve ~trld I A. c’1wrcct.
Page 21 Page 23
2 mc cvqlliing’! 2 Q, Wcrc thzrc any discussions 3hoUI price ;I( that
3 A. I~vctytliing I recall, yes. 3 lime?
4 Q. When was the 1~x1 lime you had any contacl or 4 A. No.
5 communication with anybody nt Twin City Harley-Davidson? 5 Q. Wcrc you shown any ~OCUIIKIIIS, paperwork, price
6 A. 1 went in a couple of years after the initial h lists at tlial time?
7 down paymem and asked IO change the motorcycle, and I was 7 A. No.
8 tolci I’d go IO the holtom 01‘ llic list. 8 TV, Do you know if the moclcl mo~orcyclc rl~ar you
9 Q. Who did you deal with on hit occasion? 9 switched to was a new model that I Ii&y-Davidscn was
0 A. I don’t recall. It was ;I salesman, and wc IO selling?
I didn’t gc:cc formal nhout it. I jusl mentioned it to him, I I A. When I switched?
2 and that’s what lie told inc. so I left it alone. 12 Q. Yes.
3 Q. Can you describe that salesperson for me’! I3 A. I knew it was a new edition of the Road King.
4 A. Long brown hair and a scruffy beard. I4 Q. When did you next have any contact with anycnc
5 Q. And you wanted to switch -- I5 at Twin City Harley-Davidson’?
6 A. Models. I6 A. When 1 came in and switched motorcycles.
7
.i
Q. -- models at that time?
A. Correct.
I7
I8
Q. And that’s what you just told me ahout.
*-
CQmt? l -
9
!O
Q, What model did you want to switch to?
A. The Road King.
I9
20
A. No.
Q. So you switched a mnd time? I
!I Q. Why did you want to switch models’? 21 A!. No. I didn’t switch the first time. The ’
!2 A. My tastes changed, I suppose. 22 first’time I went in and asked them him about switching,
13 Q. Was this bike significantly different than the 23 He said no, and I said -- he said you cannot switch, or you
!4 bike that you originally wem on the waiting List for’? 24 can switch but you go to the bottom of the List.
15 A. No. 25 Q. And so at that time you elected not to switch.
Page 22 Page 24
I Q. Was it diff&ent in any respect? I A. And 1 just said no, and that was the end of
2 A. styling. 2 that meeting.
3 Q. Tell me how it was diffemnt. 3 Q. I’m sorry. I was confused. And then you went
4 A. Styling. It’s a different look. It’s 4 back--
S basically the same motorcycle. : 5 A. -- at a later time and talked to a big guy,
6 Q. Well, it was different enough that you made it 6 and he said it would be no problem.
7 apainttomake~you~on~listforthattypc:of 7 Q. Do you dl that person’s name?
8 mobcycle. Omect? 8 A. It’s the guy I got my&&e from. I don’t
9 A. WhenIsignedup,Ipicked.oneout,andIhad 9 recall his name right now.
IO admugeofIica& Iguess. IO Q. And you said it was a big guy?
If Q. Buttherewasa’maaonwbyyouhadachangeof II A. Yeah
I2 beart. Ijuatwanttoknowbowthatniotorcyclediffered, I2 Q. Howbiii
I3 ifyeueau,qiember~, ./, (.,.. ,, I3 A. Well, muscular, looks like he works out
I4 A. [don’t ICC& 3’ ,, ,%A. 14 regul~ly. ‘ .: -
IS Q. Wasthemotorcyclethatyouhadputyourname I5 Q. &@hanyou? -
I6 on the list for still available?
I7 A. Yes.
I6
I7
A. oh,yeah.
Q. Height-wise?
xr
x11
I8 Q. Harley-Davidsen was still making that typeof, 18 A. Alittlebit,yeah.
I9 motorcycle? I9 Q. How tall are you?
20 A. Yes. ’ 20 A. Five-ten.
21 Q. Did you complete any additional paperwork when 21 Q. And you talked to this person, and you were
22 yeuwentinamtbatq3easion? 22 told you could awitoh models?
23 A. No. 23 A. He told me they used to not do that, but now
24 Q. You were told that you would . . go to the bottom
2s of the list?
-* - --
21 -Page 24
24
25
they’re mom flexibie.
Q. Was them any @oussion about price at that
.-*. 2, . 1,L ‘.i.” ,--
I