2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch
2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch
2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch
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I James D. Kinney CondcnseItTM DEPO-SQUISI<br />
. Page 4 1<br />
Page 41<br />
I from Twin City <strong>Harley</strong>-<strong>Davidson</strong>?<br />
2 A. I don’t know if it’s damages.<br />
3 Q. What do you feel you’re entitled to from Twin<br />
4 City <strong>Harley</strong>-<strong>Davidson</strong>?<br />
5 A. The difference between retail prict: and what I<br />
6 paid.<br />
7 Q. What do you mean by retail price?<br />
8 A. The manufacturer’s suggested retail price.<br />
9 Q. When did you first learn you had paid mom<br />
I A. Correct.<br />
2 (At this time James D. Kinney Deposition<br />
3 Exhibit Number 4 was marked for identification<br />
4 by the Court Reporter.)<br />
5 Q. Mr. Kinney, I want to show you what’s been<br />
6 marked as Deposition Exhibit Number 4. Do you rccogniir*:<br />
7 that document?<br />
8 A. Yes, I do.<br />
9 Q. Can you tell me whal that is?<br />
I 0 than MSRP? I 0 A. It’s an exclusion form<br />
1 1 A. They sent out a letter approximately a month I Q. Is that your signature on the hottom<br />
I 2 before I got the bike stating that although it was going to 2 right-hand comer of the page?<br />
1 3 be more than manufaetuter’s retail price, they believed it I3 A. Yes, it is.<br />
1 4 was still a fair price. I4 Q. And I’m quoting from that document where it<br />
1 5 Q. So you wived a letter from Twin City IS says, quote, We have sought our own attorney in this<br />
I 6 <strong>Harley</strong>-<strong>Davidson</strong> that told you you were going to pay more I 6 matter, end quote.<br />
I 7 than MSRP for your bike’? 17 A. Cone&.<br />
I 8 A. Correct. I8 Q. Had you re$i$d an attorney at that time’?<br />
I 9 Q. And what did you do when you received that 19 A. No.<br />
2 !O letter? !O Q. Had you spoken with any attorneys at that time<br />
2 !I A. I lived it the same day as Dave Gough, and h regarding pursuing a claim’?<br />
2 !2 ~saidhemadt:acallandtall.<br />
I8 A. Yes, I do.<br />
19 Q. Can you tell me what that document is?<br />
20 A. It’s a copy bf the letter I received phor to<br />
2 I purchasing my <strong>Harley</strong>.<br />
22 Q. And this is the document you wqe tcferring b<br />
23 that informed you that in fact ‘bin City kky-<strong>Davidson</strong><br />
24 was selling its motorcy&s OVt?f the manuf&ctumr’s<br />
25 suggesUmtal1 p&x2?<br />
1<br />
Page 41<br />
1 for the letter I got for the class action.<br />
2 Q. Your letter says “We have sought our own<br />
3 attorney in this matter.” What does that mean?<br />
4 A. We were looking for an attorney, sought after.<br />
5 Q. But you hadn’t spoken with any at that point?<br />
6 A. I hadn’t, no.<br />
7 Q. Do you know if the Goughs had?<br />
8 A. Not for sum don’t know, no.<br />
9 Q. Have you ever heard the term “freight and<br />
IO setup,“Mr.Kinney? ‘<br />
II A. Could you repeat that?<br />
I2 Q. Are you familiar with the terms “freight” and<br />
13 “q”? _: .. . : , CL‘ >,i. -:,-I>~<br />
14<br />
IS<br />
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Q. ‘,whtiCd6 ihose. mtij”<br />
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I,.( , ‘.I... * ,, yjr.6:”<br />
16 A. ,I heiieve shippi @Til a handling.<br />
17 Q. Did you understa % that you had to pay freight<br />
I8 and setup at Twin City <strong>Harley</strong>-<strong>Davidson</strong>?<br />
I9 A. I believed it was built into the cost Of the<br />
20 bike.<br />
21 Q. Do you know how much freight and set-up --<br />
22 strike that. Do you know what the cost of freight and<br />
23 setup was?<br />
24 A. No, I don’t.<br />
25 Q. Mr. Kinney. have you had any discussions Wifl<br />
Page 41 - Page 4
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