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

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James D. Kinney
Page 33
1 by the Court Reporter.)
2 Q. Mr. Kinney, I’m showing you what’s been marked
3 as Deposition Exhibit Number 1, and I want you to pay
4 atlention to the left side of that document and the receipt
5 numbered 05453. Do you recognize that document?
6 A. Yes.
7 Q. Can you tell me what that document is?
8 A. That is my deposit,
9 Q. And the receipt is dated April 27, 1996. Does
0 that accurately reflect the date that you originally placed
1 your deposit down for a Harley-Davidson motorcycle at Twin
2 City Harley-Davidson?
3 A. I believe so, yes.
4 Q. What model motorcycle is listed on that
5 re&pt?
6 A. FLSTC Heritage softail.
7 Q. Does that accurately reflect the model
8 motorcycle that you placed your deposit for?
9 A. Yes.
0 Q. I want to call your attention to the right
I side of the document. Is that your signature on the bottom ,
2 right-hand comer of Receipt Number 10444?
3 A. No, it is not.
.4 Q. I’m sorry, that’s the salesman’s signature.
:5 Do you know wliose signature that?
Page 34
I A. I cannot raul it. no.
2 Q. Do yen tewguize that documart?
3 A. It louks familiar.
4 Q. Chnyoute4lmcwhatitis?
5 A. Tbesaks nzcipt.
6 Q. CanyouteIlmewbatthat’caraxiptfof?
7 A. My 1999 Road King classic.
8 Q.,.Aod that teceibt isdated July I6tb, 19991
9 A. Yes.
10 Q. DncstbataccumtdyreIkctrhedatetbstyou
I1 todc possession of your motor&k?
I2 A. Ibelkveso.
13 ’ (At thii&ne Jq D.,Kbuu$ -ition
14 exhibit Numb& 2 .was marked for identif~tion
15 byh-@w-Q
16 Q. Mr.Kbmey,I~t~youtotakeaktokat
17 what’s been marked as Deposition Exhibit Number 2. Do you
18 ncognizetbatdocurnent? ‘: :
19 A. Yes.
20 Q. Canyoutellmewbatitis?
I1 A. The invoice. ,’ i
22 Q. The :invoipe for what?
13 A. For my motorcycle, ‘99.
24 Q. What type of motomyck was that?
25. A. &&KdwQ&.::,’
&by A. Khne&~ &.A:&&& (&j&&&itj$~
DEPO-SQUISI
Page 3
I Q. And is that your signature in ~hc box
2 entitled, Dealer’s Disclaimer of Warranty, on the left-hand
3 side’?
4 A. Yes.
5 Q. And it’s partially cut off in the bottom
6 right-hand corner of the page, but does that appear to hc
7 the top half of your signature?
8 A. 11 appears to be, yes.
9 Q. Does this document accurately r&ccl the
0 price that you paid for your motorcycle, the motorcycIc YOU
I obtained from Twin City Harley-Davidson?
2 A. Yes.
3 Q. Did you have an opportunity to review this
4 document before you signed it?
5 A. Yes.
6 Q. No one prevented YOU from reading it’!
7 A. No.
8 Q. And is it yo~~normal practice to review a
9 document before you sign it’?
:0 A. Usually, yes. I
!I
12 it?
Q. Did you Eview this document before $0~ signed
3 A. I believe so.
14 Q. Mr. Kinney, I’ve asked you on several
!5 occasions to tell me as best you can recall about certain
Page 3(
I conva-sations or communications you had with individuals at
2 Twin City Harley-Davidson. Correct?
3 A, Correct.
4 Q. Have you told me today evuything you can
5 mll about any conversations or communications you’ve had
6 with anyone at Twin City Harley-Davidson llegarding Ihe
7 price of your motorcyck?
8 A. Everything I ~xxzall. yes.
9 Q. Have you ever bad any diiussions or
IO czommunieatioos with anj&dy ab&t y&C claims you’= making
’ :..
II in this lawsuit?
I
.j .*
I2 A. Yes.
‘,, 1 :, ..::, + I. 7 ,:: :
13
Q. who’ba& y& t&& cu’!
14
A* .&& (ifouiih* /‘: .: _ I.‘,.. . . .‘ i I
_ !. . ,,I
I5 Q. WhoisMr.Ciiugh?- ‘.
16 A. He ilr anti& perso
I7 Q. Howdoyquknow
”
18 A. Childhood. friauis.
I9 Q. What have you talked to Mr. ciough about?
20 A. How w overpaid on our bikes.
21 Q. vrihat did Mr. Ci tell you?
22 A. We both got stuck.
23 Q. why do you bdkve you ovapaid for your
24 mnotorcyck?
35 .I$ F4cca~se!waskdtobeliielwaSgeUing~
Pa&e 33 - Page 3