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

xmncc J. Carter
hike.
Q. Boll 1 lanunl~nd. 1’111 sony.
A. I hclicvc so. It would appear that’s the
I Q. The hotlom of the doctunent reflects that you
i were refunded that nloney on 1 i/l /99.
1 A. I belicvc I got that money.
I Q. Does that sound accurak?
, A. II see~ns rcasonahlc, yes.
t (At this tiune Terrance John Carter Deposition
) Exhihit Nunlbcr 3 was nlarked for identification
I by tbc Court Reporter.)
! Q. Mr. Carter, I’d like you to take look at
l what’s been alarked as Deposition Exhibit Number 3. Do you
I recognize that doctunent?
5 A. No. I’d have to look it over and try to
5 fiw out what bike it is.
7 Q. Go ahead and take a few seconds.
3 A. I’m trying to think. That looks like the ‘98
) Heritage, the red one. Yes. Okay. That’s the one I
3 traded. Okay.
I Q. And this would be the last motorcycle that you
2 actually purohased front Twin City Harley-Davidson?
3 A. I believe so. yes.
4 Q. And is that your signahue in the box e&led
5 “Dealer’s Disclaialer of Warranty”?
I A. Yes, it looks like it.
CondenscIt’”
Page (is
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Page 67
I A. Until I heard ahout 11~ lawsuil, I thought l
; ; ! was the only one that really nladc ;L lol 01’ noise: over what
I _
1 they did. I didn’t cart for it. Mike told me that was
f l lhcir policy and that’s what they wcrc doing. 1 was
< j surprised nlore people weren’t complaining, hut I just lake
t ) cart of myself. I did what I could do. I couldn’t do
7 anymore, so I just quit dtxling with lhcm.
1 i Q. Mike told you this was their policy?
‘ ) A. Mike said that what he was charging mt: hcrc
I( ) was their policy.
I I Q. When did he tell you that?
I: 2 A. When he insisted that 1 pay that price. He
1: 3 said that’s their policy, they charge everybody that.
Id 1 Q. By policy, you lnean charging over MSRP?
1. 5 A. I believe he meant that, yes.
iI 6 Q. Other than any conversations or discussions
I’ 7 with your attorneys, have you ever heen contacted by anyone
I: 8 about either this laws& that we’re presently in or the
I’ 9 class action, the prior class action lawsuit?
21 0 A. No, not that I can recall.
,
2 I Q. Have you ever heen contacted by anyone from
2 2 St. Croix Harley-Davidson about either of those lawsuits7
2 3 A. No.
DEPO-SQUISH
2 4 Q. Have you ever hrxn contacted hy anyhody at
2 5 Wally McCarthy’s regarding either of these two lawsuits?
1 A. I said nohody.
Page 68
2 (2. And although it appears to be partially cut
2 Q. Mr. Carter, did you attend the International
3 off at the bottom of the page, does that appear to be the 3 Motorcycle Show which was held here in Minneapolis a few
4 top of your signature:’
4 years back?
5 A. C)n the lower right corner’?
5 A. 1 have no idtx. I’ve been to a couple
6 Q. Yes.
6 motorcycle shows. I’ve mis.sed a couple good ones. I don’t
7 A. Itqearstobe.
7 know which one you’re talking about.
8 Q. Does this document accurately reflect the
8 Q. Motorcycle%iows here in the Twin Cities
9 price that you paid for that ‘98 red Heritage?
9 you’ve attended?
0 A. It looks like it.
I 0 A. Yes.
I Q. Did you have an opporhmity to rc#d this
I ,I Q. Within the past four to five years?
2 document before you signed it?
I 12 A. Yes, one or two for sure.
3 A. ‘Ihey always give you an opportunity. Did I
I 13 Q. Have you ever had any discussions with anibody
4 cad it? No, not actually., I looked over the figun~.
I 14 at any of those shows regarding Twin City Harley-Davidson’,
5 Complained.
I I5 A. Icanhonestlysa heneverI’vebeena;lywhere
6 Q. Mr. Carter, do you have any knowledge or
I I6 around motor&es, we’ve %rd di&ussions about Twin City
7 evidence to se that this was a practice or pattern on I 17 Harley-Davidson and theii negative policies toward
8 the part of Twin City Harley-Davidson to supposedly promi se1 I8 customers.
9 people bikes at MSRP?
I I9 Q. Who have you discusxd Twin Cities’ policies
!O A. l’m sorry, you’ll have to repeat the question.
20 with other than your attorneys?
!I 1 remember the first part, what you were asking me.
21 A. Anybody that owned a Harley. Any and
!2 Q. Do you have any knowledge or evidence to
22 everybndy.
!3 suggest that this was a pattern or practice on Twin City 23 Q. Can you recall any of those people that you
!4 Harley-Davidson’s part to suppo.sedly offer hikes to people 24 talked to, their names*!
25 at MSRr’?
25 A. Other than mv friends and relatives, no, 1
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