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

lEPO‘-SOIJISH Tcrrancc J Carter
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I know tllcrc wxs more. I with Mike. Is thcrc a spccil‘ic convcrs~~~~on you wcrc going
2 Q. And this rctl ‘9% I Icrilagc is ii niotorcyclc you 2 to tell mc ahout?
3 tllcn sold to Wully McCarthy? 3 A. Well, I was going lo Ccl1 you again lhc one
4 .A. I traiictl il. J ahou~ whcrc hc said he’d take Cart 01‘ mc. hu\ I don’ I
5 0. Tratlccl it? 5 rcmcmhcr il‘ it Ilappcned alicr that or hdorc tlla~. Bdorc
h A. Yes. h that convcrsatinn, I &in’\ know that they wrrc charging
7 0. Now, you’re claiming damages Ibr LI third 7 cxlra. Alicr lliiil conversation, tlicrc was ;I short period
8 nWxcyclc. s of tin~c hclbrc nly next hike come in and I lhunt out 11~
9 A. Yes. 9 wasn’t going lo honor what I tliouglil wc had an agrcemcnt,
I) Q. Why don’t you tell me about tld mo~orcyclc. 10 and I don’t roncmher which tin-c (‘ralnc it was, hut I’m sure
I A. I hclievc Ilid was anollicr slamlard. 1 I it was helbrc I purchad 111~ ‘9X Ilcrihgc. And tt1;1( is
2 Q. And had you placed your name on lk. waiting 12 when I knew for sure that they were going to, no matter how
3 lisr for thal niotorcyclc? I3 much I nb%oliatcd, charge me the S ISOO. So any time prior
4 A. Yes. And I placed it split with a friend 01 I4 to that that I got on tk list, I would he assumed t wds
5 mine, Bob Hammond, u guy I grew up with. I5 gelling it aI MSKI’.
6 Q. How do you spell Mr. Hammonci? 16 Q. And eventually that motorcycle hecame
7 A. H-A-M-M-O-N-D, Hammond. 17 available?
8 Q. What type of motorcycle was that? 18 A. It actually became avaitzible a couple of
9 A. Another standard. 19 times. I was supposed to get a -- and 1 don’t remember the
0 Q. Is there a model name for that? 20 year. But I was supposed to get one year newer, and they 2
I A. FLT. same as the first one. 21 call4 me and said I could take the one year older one
2 Q. Do you remember when you placed your name on 22 quicker. And I said I didn’t want that, I wanted to hold
3 the waiting list for that bike? 23 out for the newer one. And then after a couple of months
4 A. A year and a half, two years prior to when it 24 went by, 1 talked to my friend --
5 was smppo.sed to come in, and 1 believe it was going to be a 25 Q. Let me stop you there. As part of this
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I ‘99. I communication where they offered you a one year older bike
2 Q. So would this have been after you had placed 2 was there any dis&ssion about price at that time’?
3 your name on the waiting list for the two other bikes we’ve 3 A. No. We didn’t discuss price.
4 talked about? 4 Q. Do you remember when that was that you were
5 A. Yes. 5 notified that a one year older model was available to you?
6 Q. Do you remember who you dealt with for this 6 A. No, but 1 remember it was Dave Borri telling
7 transaction? 7 me that it was available.
8 A. I’m sure it was Dave Borri. 8 Q. Okay. *t hapwxt’?
9 Q. And are you claiming you expected to gel that 9 A. 1 said I’d wait for the next bike. And
0 bike at MSRP as well? 10 ~inthatperiodoftime,Ifinaly--thissuit
1 A. Ican’tn+emberwhenwewentontheiist. I 11 started up and we had the conversations with Mike, and it
2 believe it would have been prior to me even bowing what I I2 justeametore&ethattheewasnowayIwasgoingto
13 paidformy’97. ’
13 getaroundthe$lS~O. Andtbereasonmyfriendwason
i4 Q. But ” you &+ing you believed you were
14 ~wassoIoouldgethimabike,andIdidn’twanthim
IS goingtogett&t&keatMsftPasweI1?
15 payhgtheexhamoky. SoIjust
16 A. Yey;‘
16 eventhc+ghwe’dbeenwaiting,ju
17 Q. Doyo&asethatcIaimonthesameteasonsyou 17 bikemelst. I’dgethimoaemeIseand
18 thought you wm going to get the other bikes at MSRP? 18 not have to pay that kind of money. So we together agreed
19 A. I believe so. 19 togetoffthelist.
lo Q. Do you base it on anything other than what 20 Q. Explain to me again why your friend’s name was
II we’ve already talked about here today? 21 on the list with you.
c2 A. No. The conversation with Mike, I believe I 22 A. Remember when you started out about selling
13 probably -- I can’t tell the dates. I don’t remember. I 23 places on the list? My 1997 Heritage, the standard that
14 redly don’t when I gor on the list. 24 came in, I wanted to give that bike to my friend. (.)kay’!
15 Q. You started to refer to a conversation you had 25 And I wanted him to buy it directly and get my price. Mike
‘age 45 - Page 48 Kirby A. Kennedy & Associates (952) 922-195