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

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Condcnsclt IM James D. Kinnev J
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I motorcycle, thal pulting %SOO down on a niotorcyclc would I contained on that clipboard, whether it ILKI a hader or any
2 give me iI list price.
2 dcxriptive terms or anything like that’!
3 Q. What do you hnsc that claim on?
3 A. I wasn’t looking for a header hcl’orc.
4 A. Tlr: lUcl that I was shown a list p&c when I
4 Q. What has Mr. (.iough told you ahout his
5 pick&l up my motorcycle.
s cxpcricncc with Twin City l-lnrley-DavidsoIl’!
6 Q. And you’ve nlrcady told inc cvcrylhing you can 6 A. Can you hc more spccil’ic?
7 rull ahout -- and you’re relet-ring to the document lhat’s 7 Q. YCW’VG talked to him ahout your claim.
8 an unidcntil’ied salesman showed you‘?
x A. Yes.
9 A. COtTGCl .
0 Q. And 1~‘s told you about the claims he’s
0 Q. And you’ve already told mc everything you can o making?
I recall nhout lh~~t documcnt’l
I A. I’m not sure I understand what you’re getting
2 A. Well. everything I can recall at this time
2 at, what you want.
3 Tile word list was used by the salesman a~ the time of
3 Q. All I want to know is whal he’s told you about
4 looking at the cliphoard.
4 his experience at Twin City Harley-Davidson.
5 0. You liave a better recolleclion now 01’ what lie 5 A. He just thinks it’s expensive
ii told you:’
6 Q. Has be told you that be was -- anything was
7 A. I remember list being u.sed.
7 misrepresented to him by Twin City Harley-Davidson’?
8 Q. Who told you that’!
8 A. I believe he said he nxn&bers list price also
9 A. The sakman.
9 being mentioned.
l -
10 Q. What did he tell you about list price’?
10 Q. What price is that? i
!I A. He told me those were list prices, but they
!I At. pardon?
il wue not going to be that in ‘99.
!2 ‘Q. What price is that?
13 Q. Did he tell you anything else at thaat time?
!3 A. The manufacturer’s retail price.
14 A. Not that I recall.
!4 Q. Have you talked to anyone else about your
15 Q. So as we sit here today, I’m asking you --
!5 claims against Twin City Harley-Davidson?
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1 this is the second or third time I’ve asked you this. To
2 the best you cao -11 on that occasion, he showed you
3 some type of price list and said these are the list prices,
4 but he couldn’t tell you that those were going to be the
5 prices whenever you got your bike?
6 A. He told me those were the !ist prices for all
7 the bii and he had no way of knowing what the price wouk
8 bein’99orlater.
9 Q. So. again, t@‘s the beg you can recall
10 ahoutwhatyou~toldonthat.d@e?
‘! A. Ash&IcanIrdcall. Aswetalkaboutit,it
12 stmscomingaround. You tememberthings.
13 Q. Isitpossiblewhatyou~berisbasedon
I4 conmtions you’ve had with people since that time?
IS A. No. Well, I can’t say.
16 Q. Is it possible it’s based “‘what other people
17 huvetoldyoutheymayhavebeentold?
18 A. Ican’t say.
I9 Q. It’s possible?
20 A. I can’t say for sunz.
II Q. Do you have any specific recollecti~, of him
22 telling you anything?
13 A. I remember him saying this was list price on
24 thr: clipboard.
25 Q. But you don’t cemembq anyfhing ~1sGhat. was
‘agc37-‘Pagc:40~ -
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I A. Not that I’m awax of.
2 Q. You’re part of a lawsuit that has several
3 plaintiffs, and I want to know if you’ve talked to anyone
4 else other than Mr. Gough about your experience at Twin
5 City Harley-Davidson.
6 A. 1 don’t recall any in particular, no.
7 Q. Have any of the other plaintiffs-talked to you
8 about theii experience at Twin Gily Harley-Davidson?
9 A, Other than at the attorney’s off&. no.
IO Q. What wae you~told at the attomey’s office?
II Ma. IsMcsoN: Objection.
I2 Attorney-client privilege.
I3 Q. Idon’twanttoknowwhatyouratto~may
I4 havetoldyou. Ijustwauttoknow.wl@theotbez
I5 plaintiffs mayhavetoldyou. ! I’ i ‘1’:
16 A. Iguessweall;justt&eda
I7 the&Ice.s. I I’ I.
L t
Tr
costof
I8 Q. So you had an opportunity to discuss these
I9 matters with all the other plaintiffs?
20 A. Yes.
21 Q. And did the other people tell you what they
22 may or may not have been told by people at Rvin City
23 Harley-Davidson?
24 A. Yes.
25 Q. You’re claiming you’re: entitled to damages’
’ Kirby, A:f&qt$&~ & :&&iates (9X&),922-198
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