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

Terrance J. Carter
Condcnscl t IM
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I (her the next month, monlh and a half, we had many
I fall.
2 conversations, hut I do remember that I was on the list for
3 tha.t ‘98 Heritage, and so 1 said, You ripped mc ofl‘ on that
1 last hike. What are you going to do on the next one? And
3 to?
5 after several conversations with Dave Borri and hc said he
5 couldn’t do anything, Mike said, I will take care of you.
7 Don’t worry ahout it.
K Q. And this conversation supposedly took place
, 3 approximately six months after you picked up that ‘97 bike’!
11 3 A. All I can say for sure it’s within two or
1 J three days of when I found out they charged me $1500 extra
1: 2 on the Standard.
I: 3 Q. And is that the best you can remember verbatim
11 4 what Mike Kuelbs said to you? I will take care of you*?
1: 5 A. Those are the words that be said.
Jr 6 Q. Did he say anything else?
1’ 7 A. Yes, I‘m sure he did because we had many
Jr B conversations. I can’t possibly remember it all. If you
J’ 9 would have anything to refresh my memory, I’d appreciate
21 0 it.
2 J Q. Well, do you remember if Mr. Kuelbs made any
2: 2 statements to you about whether or not you had been
2. 3 promised a bike at MSRF?
2g 4 A. Yes.
2. 5 Q. And what did he say about that?
J A.
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I believe I remember that he denied promising
2 me a bike at MSRP. His denial was based on the fact that
3 he never mentioned MSRP.
4 Q. Did you ever have any discussions with
5 Mr. Borri?
6 A. Yes.
7 Q. Did Mr. Boni make any statements to you
8 qarding w&her or not be had promised you a bike at
9 MSRP?
I IO A. I don’t believe I pressured Dave Boni for
J I J t&it. Dave Bon-i is in the middle. He doesn’t make
1 I2 policy, so I wouldn’t put him in the middI& and 1 don’t
I I3 ’ believe Dave Borri would intentionally mislead anybody.
I 14 Q. Now, earlier $0~ said you’re claiming damages
1 I5 for three motorcycles.
I 16 A. Right.
I 17 Q. Let me back up. With respect to the ‘97 FLXT
I I8 motorcycle --
I 19 A. it’s not an FLX. It’s an FLT. 1 believe it’s
I
4 10 an FLT. I believe that’s called a standard.
II
d 11 Q. Do you still have that motorcycle’?
, 12 A. No.
, 13 Q. When did you sell that motorcycle’!
24 A. Oh, boy, probably the fall of that year.
15 That’s what I typically do is sell all my bikes in the
Kirby A. Kennedy & Associates (952) 922- 1955
DEPO-SQUISF
2 (2. Do you renicniher Who you soltl Illat lll(j((~rcyclc
4 A. No.
5 Q. DO you rcmcmhcr what you sold it Ior?
6 A. No.
I Q. Do you know if you sold it for mot-c or 1~s~
8 than you had purchased it for?
9 A. I’m pretty sure it was less hccausc l had
(1 extras on it, so I took a little hit of a hath on it. l
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1 figured the little money I lost during 111~ year was the fun
2 1 was paying for.
3 Q. NOW, you said you’re claiming damages for
4 three separate motorcycles.
5 A. Yes.
6 Q. I think we just got done talking about the
7 first motorcycle.
8 A. Yes.
*-
9 Q. I want you to tell me about the second
0 motorcycle you’re claiming damages for. i
J A. That was the red ‘98 Heritage, FIXI’C’.
2 Q. what year was that?
3 A. ‘98, I believe.
4 Q. Had your name been on the waiting list for
5 that motorcycle?
I A. Yes.
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2 Q. Do you remember when you put your name on a
3 waiting list for that motorcycle?
4 A. I’m pretty sure it was around ‘95.
5 Q. Was there a specific salesman that you dealt
6 with for that motorcycle?
7 A. I think it was Dave Bon-i again.
8 Q. And you believed you were going to gel that
9 motorcycle for MSRP as well?
JO A. Yes.
II Q. And what do you base that claim on?
12 A. Mike’s statement that he said he would take
J 3 care of me after we had our long heated discussions since
14 the last bike.
w
15 Q. Okay. I want to k up to the time you
16 originally put your name % --
17 list for that motorcycle.
t your name on the waiting
18 A. That was prior to me knowing that they had
19 charged me too much for the other bike that 1 just bought.
20 Arc you following me‘?
21 Q. Yes. It’s my understanding you put your nane
22 on the waiting list for the ‘98 hike in ‘95.
23 A. I believe it was somewhere around there, and
24 it was before 1 knew what they were doing on price.
25 Q. When you got your n;une on tht: wailing list for
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