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

DEPOkQUISH CondcnscIt IM Terrancc J. Carter
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I Q. I’m not real familiar with that organization. I A. I would have 10 ;rgrcc.
2 Is it divided into different chapters or locations? 2 Q. And I’m guessing you arc I‘nmiliar wilh the
5 A. Yes. Osmond, which is St. Paul. and Zurah, 3 practice of waiting lists at I larlcy-Davidson clcalcrs?
4 which is Minneapolis. 4 A. Somewhat, yes.
5 Q. Is tbcrc is ;I specific one that you belong to? 5 Q. When did you first hcconic ;NiIi;ltcd -- when
5 A. Osmond. 6 were you first cxposcd to this waiting list praclicc?
7 (2, And is it divided any narrower than that? Arc 7 A. I’d hc guessing.
6 thcrc lOCiI affiliiltcs? x Q. Can you give nit your hcs\ cstiniatc’!
9 A. Not that I know of. I haven’t been -- 9 A. ‘93, ‘94.
.l 0, When did you first ride a motorcycle in a IO Q. Do you rcmemher the I‘irst dcalcr Ihat you
I Shriner cvcnt’! I I placed your nan2c on a waiting list at’!
2 A. ‘91 :I went with all the Shriners to an 12 A. It’s only hcvn on -- I cake 1hil1 hack. I
3 invitational, the Zurah Sbriners, in the parade in 13 think I was on ;i waiting list al SI. I’;tuI mcl St. Croix,
4 Farmington. 14 but the first one would have hem Twin Cities South.
5 Q. How many times have you ridden a I5 Q. Let me ask you about your experience at
6 Harley-Davidson motorcycle in a Sbriner event? 16 St. Paul Harley. Did you have to place a deposit to get on
I A. Actually just that once. 17 a waiting list at St. Paul Harley?
8 Q. And that would have been in ‘91’~ 18 A. Not to get on the list. &tly when there was
9 A. Yes.
19 some kind of a trigger date frown the factory, then they
0 Q. Did you use the motorcycle that yo 1 referred 20 wanted money, if I remember correctly.
I to that you purchased in 1991 from the South store? 2 1 6. Did you ever have to place a deposit to place
2 A. Yes. 22 your name on a waiting list at St, Croix Harley’?
3 Q. Did you sell that motorcycle? 23 A. Yes.
4 A. Yes. 24 Q. Do you know how much you had to place down
5 Q. Do you remember who you sold that motorcycle 25 there?
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I to’? I A. I don’t remember, three to five hundred,
2 A. I might have traded it to Faribault Harley. 2 somewhere in there.
3 I’m not sure. 1 really don’t remember, to be honest with 3 Q. Are you familiar with the practice whereby
4 you. 4 people sell their spots on a waiting list’?
5 Q. Did you buy any more Shriner type bikes after 5 A. Absolutely not.
6 you got rid of that one? 6 Q. You’ve never heard of that happening’?
7 A. Not that I remember. 7 A. Yes. We discussed it once at Twin Cities
8 Q. Now, you’ve purchased and sold quite a few 8 South, and Mike Kuelbs said itphsolutely never happened or
9 Harley-Davidson motorcycles. Correct. Is that fair to 9 his waiting list. It was not allowed.
0 say7 10 Q. Did be say it never happened, or it wasn’t
1 A., Sounds reasonable, yes. 11 allowed?
2 Q. Soyou’refamiliarwitbthex+ketfor ,,, 12 A. Hesaiditwasn’tallowed,andIguessIdon’t
3 Harley-Davidson mo$orcycl&? 13 rememberforsnrewbetherbesaiditbadn’tbappened.
,4 A. %y”‘@.! !&+‘=. . . ,. :, 11 ;I ” 14 Q. Mr. Carter, it’s my undemtan$ng you’re
s Q. Ydu ynkyt@k tip espe&ly over the last IS claiming damages from ‘Win City H ey-Davidson; is that
16 ten years or so, the demand for Harley-Davidson motorcycles 16 comt? ‘ib
17 has been extremely bigb? ’ 17 A. Yes.
I8 A. Yes. 18 Q. And wbat damages do you claim you’re entitled
19 Q. And do you understand the difference between 19 to?
10 manufacturer’s suggested retail price and market value? 20 A. $1500 per motorcycle for the two that I
II A. I think so. 21 purchase and $1500 for the one that I finally refused to
12 Q. And do you understand -- is it fair to say 22 buy.
13 that over the course of the last ten years, the market 23 Q. So you’re claiming damages for three separate
14 value for Harley-Davidson motorcycles has been higher than 24 motorcycle transactions‘!
25 MSWI’? 25 A. Yes.
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