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

1 &PO-SQUISH
Condcnsclt ’ M
James D. Kin&y
.
Page 29
I Q. And you I’CII this price was high had on what
2 y(ju llad .stxn in tlic ncwspapcr?
I
2
Page 3 1
A. Yes. Jim Selecta.
Q. What had you heard from Mr. Selecta?
3 A. Corrccl
3 A. That Twin City was marking their bikes up.
4 Q. And you said you Id also talked LO pcoplc?
4 Q. When did he tell you that?
5 A. ull-lllll~.
5 A. Oh. a couple of months before I bought it, I
6 0. Who IKKI you talkcd to’!
6 guess.
7 A. Sonw Iricntls. Rick I’acc: my boss, IX IWI
7 v. Is Mr. Sclecta a friend of yours?
): rccmtly hou&t ;I I larlcy at St. Croix.
x A. YCS.
9 Q, Did hc: tell you what Ix Id paid at St. Croix?
‘J CJ Is hc somebody you work with’!
0 A. Yes.
0 A. No.
I 0. Do you know W/MI model motorcycle hc
I Q. Do you know if Mr. Sclccta owned a
2 purciias&
2 Harley-Davidson?
3 A. The Heritage Soliail.
3 A. Not at the time. He was researching one.
4 Q. Do you know what he had paid for his
4 Q. Do you know what he based his statement. on’
5 motorcycle?
5 A. He had a book with all the retail prices
6 A. $16,000 something.
6 listed from Harley-Davidson.
7 Q. Do you know what year Softail that was?
7 Q. Had you ever looked at that book before?
8 A. ‘99.
8 A. Not until then. l -
9 Q. Do you know if it was a new motorcycle when he 9 Q. So you had never lo&d at anything that
!O purchased it’?
o showed any Harley-Davidson retail prices‘? 5
!I A. It was new, yes.
I A! Well, I don’t recall any.
!2 Q. Do you know if it bad any extra features on
2 ‘Q. Did you base your belief that the price was
!3 it?
3 high on discussions with anyone else?
!4 A. I don’t believe so.
:4 A. Not that 1 recall.
Y Q. Did you complain about the price that Rod
:5 Q. Did you base your belief that the price was
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I quoted to you’?
2 A. I don’t recall.
3 Q. I want you to tell me as best you can remember
4 today all the discussions that occuned regarding price on
5 tbatoeeasion.
6 A. I don’t think we had a long discussion on
7 price. It was I guess understood it was nonnegotiable.
8 Q. You can’t remember any of tbe specifics of the
9coavasatiar’l
IO A. Notrightnow,no.
II Q. Tcli me what happened next.
12 A. I went back out and pieked up tbe motorcycle.
I3 Q. And who did w deal with on@mt~~~~~ion?
I4 A. Rod.
IS Q. Were there any ditxusdons about price on that
16 occasion?
17 A. .No.
18 Q. Did you still feel you were paying too much
19 fortbe motorcycle? .
20 A. I b’it was expensive, ye&.
21 Q. Based on what you had seen other bikes selling
22 ,foR .’ -!. I
23 A. From what I have beard from other people, yes.
24 Q. Did you bear anything from anyone other than
2s Mr. Face?
‘age 29 -‘Page 32
I high on any other infonnation you had ohtaiued?
2 A. I don’t recall.
3 Q. You went ahead and purchased the bike?
4 A. comt.
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5 Q. Did you make any-complaints to anyone about
6 the price at tbat time?
7 A. Not tbat aI nxall.
8 Q. I’ve asked you a lot aboweonversations
9 you’ve had with pcepk f&n Twin City Ha&y-Davidson about
10 price Wcllt~ewxanywitnesstoanyofrhe
II cunversationsyoumigbtbavebadaboutpriee?
I2 A. NottbatIamtirigbttunv.
13 Q. Doyouatillbavethatmouxeyek? ‘,
14 A. Yes, Ido. w
I5 Q. :Ha-/e youmade 6ny-attanpts to &at
16 motorcyck? ,.- 35
I7 A. No, I haven’t. 4 lr
18 Q. Havr:youiuulanyoMasfromanybodytobuy
19 that motorcyck?
20 A. No. I haven’t.
II Q. Have you made any attempts to buy an
22 additional Ha&y-Davidson motaacyck?
23 A. No, I bavc not.
14 (At this time J~I~w D. Kinney DqxrJitiou
25 Exhibit~Nttttt& I was m&ced for identification
Kirby A. Kemkdy & Assooiam (95B) 922-1955