Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT 2

Case 2:04-cv-00161-ROS

Document 192-3

Filed 08/25/2006

Page 1 of 11

oJ

In The Matter Of:
Sennett v.
Fleetwood Motor Homes of CA

Lane Sennett

September 14, 2004

Grifin and Associates Court Reporters
3030 North Central

Avenue

Suite 1102 Phoenix, AZ USA 85012
(602) 264-2230 or (888) 529-9990

Orginal File LS091404.1XT, 147 Pages

Min-U-Scrípt~ File in: 4249103963

Word Index included with this Min-U-Scrp"h

Case 2:04-cv-00161-ROS

Document 192-3

Filed 08/25/2006

Page 2 of 11

sennett v.
f11eetwood Motor Homes of CA
Page 1

Lae SenneU

Septembe 14, 2004
Page 3

IN THE UNITED STATES DISTRICT COURT

(1) EXHIBITS(Cont'd)
(2) NUMBER DESCRIPTION
(3) 11 Letter to Lonnie and Lane Sennett

LANE SENNETTo )
FLEETWOOD MOTOR HOMES OF )
CALIFORNIA, INCo, and WORKHORSE)

FOR THE DISTRICT OF ARIZONA

PAGE:
94

Plalntfff, ) vs. ) Noo CV04.0161
Defendants. )
DEPOSITION OF LANE SENNETT
Phoenix, Arizona

'rom Bryan Goughan dated

PHX ROS

(4) Septembr 29, 2003 (5) 12 Plant Il's Response to Defendant
Fleetwood's Interrogatories
(6)

84

CUSTOM CHASSIS, )

13

Document tnled Unn Comment

91

(7 (S) 14
(9)

Maintenance
Document tnled Unn Comment

Maintenance
15
(10)

September 140 200

9:15a.m.
REPORTED BY:

Plalntll's Innlal Rule 26.1
Disclosure Statement
Pace Arrow Brochure

105
21

CATHY J. TAYLOR, RPR
Certffled Court Reporter

Certfflcate No. 50111
PREPARED FOR:

(11) 16 (12) 17 (13) 18
(14j
(15)

Fleetwoo web sne materIal
Document tnled Warranty and

22 138

Owner Assistance Information

ASCII/CONDENSED
(COPY)

Section 7

(16)

Page 2 (17)
(I)

INDEX

(ISj

(2) WITNESS:

PAGE:
5

(19)

(3) LANE SENNET
(4) Examination by Mr. Rowe
(5) Examination by Mr. Wiliams
(6) Further Examination by Mr. Rowe

(20) (21)

(22
(23)

114

143

(24)
(25)

(7
(S)

(9) EXHIBITS
(10) NUMBER DESCRIPTION
(11) 1 Sales Contract re Fleetwood Pace

Page 4

(1) THE DEPOSITION OF LANE SENNET was taken at
PAGE:
12

(2) 9:15 a.m., on September 14, 2004, at the Law Ofices of THE
(3) CAVANAGH LAW FIRM, 1850 North Central Avenue, 24th Floor,

Arrow
(12)

(4) Phoenix, Arizona, 8500 before CATHY J. TAYLOR, a Certffied
17 16

2
(13)

Retail Order for a Motor Vehicle
from Michael Hohl

(5) Court Reprter In and for the State of Arizona, County of (6) Maricopa, pursuant to the Rules of Civil Procedure.

(7
IS) COUNSEL APPEARING:
(9)

(14) 3
(15)

We Owe Form re Fleetwood Pace

Arow
4
(16)

(10)

THE CAVANAGH LAW FIRM

Bil of Sale

17

By: Mr. Patrick G. Rowe
(11)

1850 North Central Avenue

5
(17)

Document Itled Limned 25
One-Year/Three- Year Warranty
Document tnled Workhorse Custom

24th Floor
(12) (13)

Phoenix, Arizona 85004
KROHN & MOSS

(IS) 6
(19)

27
(14)

Chassis Delayed Warranty Start

By: Mr. Shalev Amar
111 West Monroe
Sune 711

7
(20)

Document Itled Motorized

39

(15)

Recreational Vehicle Exended
Service Agreement
(16)
(17)

Phoenix, ArIzona 85003
BOWMAN AND BROOKE
By: Mr. David W. Williams

(21)

8
(22)

ComplaInt

39

(18)

2929 North Central Avenue
Sune 1700

9
(23)

Letter to Fleetwood Recreational 49
Vehicles from Lane Sennett dated

(19)

Phoenix, Arizona 85012-2761

(20) (21) (22)

September 4, 2003
(24)

10
(25)

Document tilled TIme Line of

(23)

51

(24)
(251

Events

Mi-U-Script

Case 2:04-cv-00161-ROS

Min-U-Scrpt( Document 192-3 Filed 08/25/2006

Page 3(3) 11 of Page

1 - Page 4

Lane Sennett

September 14, 2004
Page 5

Sennett v.
Fleetwood Motor Homes of CA
Page 7

(1) (Exhibits 1-17 marked for identifcation.) (1) A: A little over a year.

(3) LAE SENNEl, (3) A: Brentwood, Calornia.
(4) called as a witness herein,

(2) (2J Q: And prior to Sait Augustie, where did you live?
having been first duly sworn, was (4) Q: Brettwood?

(8) BY MR. ROWE: (8) not the suburb of L.A.
(12) Q: Mrs. Sennett, my name is Patrck Rowe. I'm an (12) A: Washigton, D.C. (13) attorney.I represent Fleetwood

(6) (6) Q; That's a smal town in Northern Calorniao It is Brentwood. (7 EXAMINATION (7 A:
Actualy,

(5) examined and testifed as follows: (5) A: Brentwoo.

(9) Q: Would you state your full name and spell your last (9) Q: Okay.And how long did you live there?

(10) name for the record. (10) A; About - about six years.
(11) A: Lane Sennett. L-A-N-E, S-E-N-N-E-T-T. (11) Q: And prior to Brentwood, where did you live?
Arligton, Virgina.

MotorHomes.Andwe're here (13) Q: And how long were you there?

(14) today to discuss the claim that you have brought against (14) A; Two years.

(15) Fleetwood as well as Workhorse. (15) Q: Have you ever lived in the state of Arizona?

(16) Do you understand that? (16) A; No.
(17) A: Yes. (17) Q: What's the level of

(19) A: No. (19) Q: In?
(21) SO you understand how (22 questions. Your counsel things may wi work today.

(18) Q: Have you ever been deposed before? (18) A: I have two master's degrees.

your education?

(20) Q: Let me just briefly go over the procedure for you (20) A; The fist one is in inormation systems magement,
I'll be asking (21) and the second one is in nationa resource strategy.

object at some point in tie to (22 Q; Nationa resource or narual?

(23) the question that I asked. You do stil need to go ahead and (23) A: Nationa. I'm a retied Navy offcer.
(24) answer the question that I ask uness he specifcally (24) Q: Tht was actualy my next - or one of my next

(25) instrcts you not to answer. (25) questions, which is have you ever been in the mita? So
Page 6
Page 8

(1) If at any point in tie you don't understad
(2 the question that I've asked, if

(1) if you'd just describe tht experience to me.
(2) A; Yes. 1 was in the Navy for 20 years. I was a Navy

you'll just ask tht I

(3) rephrase it, I'll tr to do so. If you ever need to take a And, as I mentioned before, if (4) break, please let us know.
(5) you'd lie a refreshment, they're just right over here on the
(6) table.

(3) supply corps offcer. I served on four ships and at various
(4) shore activities.
(5) Q: And what's the tie fre that we're tag about

(6) for those 20 years?
(7 A: 1979 to 1999.
(8) Q: Okay.

(7 A: Okay.
(8) Q; Oh, and, actualy, one other thg tht's importat

And then afer you left the Navy, where did

(9) is tht every tht we're sayig is being taen down by
(10) the court reporter. So if

(9) you obta employment?

you'd make sure to respond in

(10) A: I worked for APL Logistics in Oakd, Calornia.
(11) Q; And what were you doing for them?
(12) A: I was an inormation systems manager.

(11) complete verbal responses rather than a shake of the head or

(12) a nod of the head, because she obviously can't take tht
(13) down.

Try to avoid uh-huhs and huh-uhs, thgs lie that as

(13) Q: And how long did you do tht?
(14) A: About six years. No. I'm sorry.

(14) well.
(15) A: Okay.

About four and a

(15) hal years.
(16) Q: And afer leavingAPL, where did you go?

(16) Q: Are you under any medication or is there any reason
(17) at al why you might not be able to testi to the best of
(18) your abilty today?
(19) A: No.

(17) A; I now work for Crowley Maritie.

(18) Q: Crowley. Could you spell that for me.
(19) A: C-R-O-W-L-E-Y Maritie, M-A-R-I-T-I-M-E.

(20) Q: Would you tell me the date and place of your birth. (21) A: December 29th, 1956. Columbus, Ohio. (22) Q: And where do you currently live?
(23) A: Jacksonvie, Florida. Well, actualy, (24) Sait Augustie, Florida.

(20) Q: And are you also in inormation systems (21) A: Yes.

(22) Q: - with Crowley?

(23) And I take it you've been with them since (24) approxiately 2003, since last year.
(25) A: No. I went to work for Crowley in April of ths

(25) Q: And how long have you lived there?

Page 5 - Page 8 (4)

Case 2:04-cv-00161-ROS

Document 192-3

Min-U-Scrpt(

Filed 08/25/2006

Mi-U-Script Page 4 of 11

;:IllCLL v.
Fleetwood Motor Homes of CA
Page 97

Lae Sennet1

September 14, 2004
Page 99

(1) Q: When was the lie crossed? What ultiately led you
(2) to decide that you needed to me a lawsuit?
(3) MR. AMAR: Objection. Form.

(1) son?
(21 A: He was - my son was with us on the way here.

And

(4) BY MR. ROWE:
(5) Q: For example, was there any particular problem or

(3) we dropped hi off at the airport, and he flew to Charleston, (4) South Caroli. He was not with us on the way back when al
(5) the problems happened.
(6) Q: Okay. The thd trip, where were you going?

(6) set of problems tht led you to me the lawsuit?
(7 A: Al of the contiuing problems. My tota

lack of

(S) trust in the - in the vehicle and ths response, which (9) indicated tht Fleetwood would not take the motor home back. you could turn to Exhbit 12.Agai, (10) Q: Okay. If
(11) those are your interrogatory responses. Your response to

(7 A: The thd trip was when we went from Brentwood,

(8) Calornia, and we intended to go to jacksonvile, Florida.
(9) But we had so many problems and were so delayed thatwe went

(10) to Charleston, South Caroli, and then returned to Brentwood
(11) with many, may delays and may, many problems.

(12) interrogatory 11 was four road trips tht you've taken in the
(13) vehicle.

(12) Q: And what was the purpose of that trip?
(13) A: Agai, tht was moving.

(14) Other th these trips that are described
(15) here, are there any other trips tht you've taken?

We didn't complete

(14) everyg we wanted to do, but..
(15) Q: And just you and your husband on that trip?
(16) A: Yes.

(16) A: Not that I can recal. (17) Q: I'd lie to get a few more detas about the trips
(18) tht you did take.

The fist trip, you just tell me your

(17) Q: And the last trip, same questions? Where were you
(18) going?

(19) begig point and your end point. Where you're statig

(20) from; where you're going to.
(21) A: We stated in Brentwoo, Calorni, and we went to

(19) A: The fourth trip was Brentwood to jacksonvile, and
(20) tht was it. It - the motor home has remaed in (21) Jacksonvie since tht tie. We haven't gone on any trips.

(22) Jacksonvile, Florida.

(23) Q: And the purose of tht trip was to move out to
(24) Florida, correct?
(25) A: Yes.

(22) Q: And the fourth trip was you and your husband agai?
(23) A: Yes.
(24) Q: No one else?

(25) A: No.

Page 98
(1) Q: And was tht just you and your husband on tht

Page 1 00

(2) trip, or was anyone else with you?
(3) A: just my husband and L. (4) Q: And on your second trip, where were you going?

(11 Q: So that's the last big trip that you made.And
(2) what were - what was the date of that fourth trip?
(3) A: Well, I'll have to refer to my tie lie.

(4) Tht was july of 2003.
(5) Q; Okay. So since then, I believe earlier you stated

(5) A: We cae here to Phoeni. Brentwood to Phoeni and

(6) back to Brentwood.

(6) tht you had driven the vehicle but only just to maita it,

(7 Q; Okay. You've got me at a bit of a loss then. I (8) thought the vehicle was now injacksonvie. So at some (9) point you brought it fromjacksonvie to where? Back to
(10) Brentwood?
(11) A; Back to Brentwood.

(7 to get gas and thgs such as that.
(8) A: Yes, to tae it to Dick Gore's RY.

(9) Q; Okay. So since ths july 2003 trip, how many ties
(10) have you driven it?

(12) Q: Okay. So is that not what's listed as the second
(13) trip here?

(11) A: Oh, I realy don't know. I realy can't say.
(12) Q: Do you have an approxiate idea? 10 ties?

(14) A: No. See, the fist trip is (15) Q; It was a round trip?
(16) A: Yes.

(13) A: Well, let's see. However many ties it went to
(14) Dick Gore's RY.And that would be shown by the repai

(15) orders.And then mayb another six, seven ties just to make

(17) Q: Al right. (18) A: We went fromjacksonvie and back to Brentwood.
(19) The second trip listed here, we went to Phoeni. Brentwood
(20) to Phoeni and back to Brentwood.

(16) sure it's, you know, runng, that ths are workig
(17) properly.

(18) Q: When's the last tie that the vehicle was driven?
(19) A: Monday. No, not Monday. Not ths Monday. Wait.

(21) Q; Okay,And what was the purose of that trip?
(22) A: To bring my son here for schooL.

(20) We flew here on Saturday. So we drove it on Thursday evenig
(21) to put it in its storage.

(22) Q; So that would be September 11 th, is tht correct?
(23) A; No. I th that was the 9th.
(24) Q: That was September 9th. Yeah.

(23) Q: Does he go to ASU?

(24) A: No. He goes to tI.
(25) Q: So on tht trip, it was you, your husband, your

(25) A: Yeah.

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Case 2:04-cv-00161-ROS

Document 192-3

Min-U-Scrpt( Filed 08/25/2006

(27) Page 97 Page 5 of 11

- Page 100

sennett v.
Fleetwood Motor Homes of CA
Page 1 05

Lae Sennett
September 14, 2004
Page 107

(1) et cetera, that you have not provided to your attorneys?
(2) A: No, not to my knowledge.
(3) Q: Have you ever had the RV inspected by a person with

(1) number, $188,214.60, which, agai, is listed under daages
(2) that you're claig in ths lawsuit, that's also the same

(3) number as the tota sales price of the vehicle, is that
(4) correct?
(5) A: Well, I agree that those two numbers match.
(6) Q: Okay.

(4) expertise in the RV industry in order to support the clais

(5) tht you're makig in ths lawsuit?
(6) A: I'm not certa exactly what you're askig. I
(7 hied a RV expert, Mr.Trinell, but I haven't seen a copy of

And agai referring to Exhbit 1 - and we

(7 discussed ths earlier - the tota taable sellg price of

(8) his report yet.

(S) the vehicle was $110,255.50, is that correct?
(9) A: The tota cash sales price was 115,243.75.
(10) Q: Correct.

(9) Q: And did he inspect the vehicle?
(10) A: I don't thk so. He - I gave hi copies of the
(11) documentation and I've taked to hi on the phone.

That would include the service agreement

(11) that you purchased, is that right?
(12) A: Right.
(13) Q: Okay. So without the service agreement, the tota

(12) Q: What did you tak to hi on the phone about?
(13) A: Well, to the best of my memory, he just asked

(14) various questions about the documentation and the coach in
(15) general.

I didn't keep any notes from tht conversation or

(14) price, it appears from ths document, was $110,255.50, is (15) tht correct?
(16) A: Yes.

(16) the two conversations we've had.

(17) Q: How long were the two conversations that you had
(181 with hi?

(17) Q: Do you believe tht Fleetwood should return to you (18) $188,214.60 even though you could have paid $110(19) $110,255.50 for the vehicle?
(2) A: I believe I'm entitled to whatever I'm entitled to.

(19) A: I realy don't know.

(2) Q: Less th an hour?
(21) A: Probably.
(2) Q: Okay. If you could turn to Exbit 15 and

(21) I'm - I'm - I canot speak to ths. I'm not a lawyer.

(2 Q: Okay. So you don't know as we sit here tody -

(2) section 3, which is the second-to-last page of the exhbit.

(24) First, I should ask, do you recogne
(25) Exbit 15? Have you ever seen it before?
Page 106
(1) A: I don't know. What is it?

(2) I'm not askig whether you're a lawyer or not. I'm askig (241 what - what it is that you believe you're entitled to. (25) Do you believe you're entitled to have
Page 1 08

(11 Fleetwood compensate you for your purchase of the service

(2) Q: It's your inti disclosure statement in ths

(3) lawsuit.
(4) A: I don't th I've ever seen ths document.

(2) contract and the fiance charges tht you incurred as a (3) result of ths purchase?
(4) A: I don't know. I'm...
(5) Q: Okay.

And it

(5) has inormation tht I'm fam with, but I haven't read it
(6) word for word, I don't th.
(7 Q; Okay. If (8) the exbit. you could tun to section 3 of

Tunig back to Exbit 15, computation of

(6) dages cla for aggavation and inconvenience, it states

the - of

(7 $26,100.

Agai, it's platis disclosure statement in

(8) Do you know how that number was arrived at?
(9) A: Well, it says right here 87 days ties $300 a day.

(9) ths matter. Tht is the computation of dages being (10) claied.

(11) Are you fam with tht section or - or
(12) the computation of daages tht you're claig in ths

(10) Q; Okay. So you - would you agree that that is a (11) proper calcultion, 87 days ties $300 per day?
(12) A: I don't do math in my head very well.

(13) lawsuit?
(14) MR. AMAR: Objection. Form.

(13) Q: Well, I'm not askig you to do the math. But how

(14) about the 87 days? Is that - I'm not even certa where

(15) THE WITNESS: I'm - well, I'm not a lawyer, (16) so I don't know what's specicaly been submitted.

(15) tht's comi from.
(16) A: I don't know.

(17) BY MR. ROWE:
(18) Q; Okay. If you could, agai, referrin to section 3 (19) of ths exhbit, look at vehicle cost, includig fiance
(20) charges, $188,214.60.

(17) Q; Do you know where that 87 days comes from, what
(18) that means?
(19) A: I don't know.
(20) Q; Okay.

And how about the $300 per day? Where does

(21) How did you come up with that number?
(22) A: I didn't compute that number.

(21) that number come from?
(22) A: i don't know.

(23) Q: Okay. Do you know where that number comes from?

(24) A: No, I don't.
(25) Q: Okay. If

(23) Q; Do you believe that $300 per day - and it may be
(24) per day in the shop - do you th that that is a vald

you could tun back to Exbit 1, tht

(25) number to compensate you for your aggavation and

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- Page 108

.Le ~nnen
September 14, 2004
Page 1 09

Sennet v.
Fleetwood Motor Homes of t:
Page 111

(1) inconvenience?
(2) A: I realy can't say. I just know that I've never

(1) Have you submitted those receipts as well to
(2) your attorneys?
(3) A: I don't knowo

And (4) I was a commander in the Navy for over 20 years, and I have
(3) been as aggravated and under so much stress in my lie.

(4) Q: Okay.
(5) A: I'd have to check. (6) Q: Actualy, in your response to our interrogatory

(5) never been though an experience as bad as ths.

(6) Q: Okay. The next item, loss of use, I assume that
(7 the answers wil be the same. Do you have any knowledge as

(8) to whether - as to how that - those numbers were arrived
(9) at?
(10) A: Well, to the best of my knowledge, the repai

you'd go to Exhbit 12, (SJ interrogatory 17, which is on page 10, the bottom of page 10,
(7 about ths question - if

(9) you note $742 in out-of.pocket expenses.
(10) I'm just tring to get a better handle on what

(11) visits would obviously come from the documentation that I've
(12) submitted. I don't know about the $600 per visit.

(13) MR. AMAR: Counsel, I believe tht there's a (14) tyo in ths document. It's supposed to be flpped. Loss of
(15) use is supposed to be the days.

(11) it is you're claig are your out-of-pocket expenses. (12) A: As I'm sittig right here, I can't tell you why
(13) that number's that.And there are other numbers here. I'd

(14) have to look back at my documents. I don't know.

Aggavation and

(15) Q: Okay. Do you have any intention to contiue motor
(16) home ownership in the future?
(17) A: Well, tht depends. I realy don't know at ths
(18) point. I sti

(16) inconvenience is supposed to be the repaied visits. And (17) it's probably why the client's having trouble understadig.

(1S) MR. ROWE: Loss of use is supposed to be the
(19) amount of days in the shop?
(20) MR. AMAR: Tht's right.And aggavation and
(21) inconvenience is based on the - the repai visits and having

love to travel. I've gone back to stayig in

(19) Marriotts. I.

(20) Q: Assumg tht the Pace Arrow could be repaied,
(21) would you have any desire to keep it?
(22) A; No.

(22) to go back and forth and what have you.

(23) BY MR. ROWE:
(24) Q: Okay. There's also a number listed here next to

(23) Q: Would you ever consider purchasing another
(24) Fleetwood product?

(25) what's caled incidenta and consequenti dages.
Page 110

(25) A: I doubt it.
Page 112

(1) Basicaly tht's what I cal out-of.pocket expenses, money
(2) that y.ou spent out of your own pocket as a result of problems

(1) Q: Have you ever listed the Pace Arrow for sale?
(2J A: I did for several weeks, and I decided tht I could

(3) that you've had with the vehicle.
(4) Do you agree with those numbers that we have

(3) not ethcaly sell ths vehicle to anyone else. It had so
(4) many problems, it was so unreliable, I - I could not

(5) here tht are listed here agai in Exbit 15, your
(61 disclosure statement, 224.47 for renta car and 45.19 for
(7 hotel?

(5) possibly get a price for it that, you know, would be
(6) reasonable because the value is so dished due to al of

(8) A: Yes. To the best of my memory, tht's based -

(9) those two numbers are based on receipts tht I have. (10) Q: Okay.And have you provided those receipts to your
(11) attorneys?
(12) A: Yes. I believe so.

(7 its constat problems and contiuous repai and terrible (S) repai history.
(9) I - as somebody who's been in a position in

(10) the mita, I could not ethcaly sell anybody ths motor
(11) home.

(12) Q: Have you ever come close to tradig it in on
(13) another unt?
(14) A: No.
(IS) Q: I'd just kid of

(13) Q: Al right.Are there any other incidenta and

(14) consequenti or out-of-pocket expenses that you have
(15) incurred other than what we have listed here, the 224.47 for
(16) renta car and 45.19 for a hotel?
(17) MR. AMAR: Objection. Form.

(16) it is we've al discussed today.

like to step back and wrap up what Are there any other

(18) THE WITNESS: Well, to the best of my

(17) dealgs you've had with Michael Hohl RV regardig the
(1 S) purchase of the coach that we have not discussed today?
(19) A: Not tht I can remember.
(20) Q; Any other deals that you had with Fleetwood that

(19) memory(20)

BY MR. ROWE:

(21) Q: 1(22) A: I - there could be some other receipts for fuel

(21) we have not discussed today?

(23) ilters, but I don't know.

(22) A: Not that I can remember. I - I do recal I caled
(23) Michael Hohl RY.And ths letter refers to someone I taed
(24) to at Michael HoW, Rudy Robles. I believe I contacted - I

(24) Q: That's what I was just goin to ask you about. I
(25) believe earlier you mentioned somethg about fuel ffters.

(25) seem to recal I contacted Michael Hohl RV when I decided

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Lae Sennett
September 14, 2004
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(1) when did you ffrst have a complait with the serpentie belt?
(2) A: To the best of my memory, that was on the fourth

11) Q: When you were lookig for a particular motor home,
(2) did you - did you care necessarily about the tye of engine

(3) trip from Brentwood to Jacksonvile, the last trip we took.
(4) I'm trying to remember. But as we got close to Jacksonvile

(3) or chassis that it had on it? Was that a - did tht playa
(4) factor in your makig a decision to buy a particular motor
(5) home?
(S) MR. AMAR: Objection. Form.

(5) is when we had the problem with the belt, whatever tht was. (S) I don't remember exactly what the problem was. And then the
(7 belt tensioner.

(S) You'd have to refer to the repai order.

(7 THE WITNESS: Not that I recal.

(9) Q: Our repai orders show that you took the vehicle to (10) a place caled Cogg's Chevrolet. (11) Does that name ring a bell
(12) A: Yes.

(8) BY MR. WILLIAMS:
(9) Q: So, for instace, you - you stated earlier that
(10) you test drove dierent makes and models of motor homes.
(11) When you were takig - when you were decidig on a

(13) Q: Where is that? Is that a dealership tht's near
(14) Jacksonvile?
(151 A: Yes.
(IS) Q: Okay.

(12) particula motor home to test drive, did the type of chassis
(13) enter - enter into your decision to test drive a particular

(14) model of motor home?
(15) MR. AMAR: Objection. Form.

And is that where you took it - took the

(17) vehicle to have those particul complaits addressed with
(18) the tensioner belt and the serpentie belt?

(1S) THE WITNESS: I th - well, to - to the

(19) A: Yes. lf I remember correctly, my husband caled (20) Workhorse or Fleerwoo. I'm not sure which. But at tht
(21) point we had dealt with Workhorse quite a bit. (22) to fid the Workhorse repai facity in

(17) best tht I can recal, I know my husband would ask whether (IS) it was a Ford or a Chevy, but I don't recal that tht was a (19) determig factor. There's, you know, a variety of

(20j diferent ones, and I th we were more lookig at the whole
(21) package.

And he caled
Jacksonvile tht

(23) was authorized under the warraty, and he was told to make an (24) appointment at Cogg.
(25) Q: You described earlier tht - tht there was some

(22 BY MR. WILLIAMS:
(23) Q: So when - when you were decidig to purchase the
(24) motor home, did you review any sort of advertisements for (25) well, did you see any sort of ads or literatue about a

Page 130

(1) sort of bangig noise in the vehicle when you tried to
(2) accelerate it.
(3) Is tht somebody - mayb I'm not -

Page 132

(I) Workhorse chssis or a Ford chssis or a Sparta chassis?
(2) Well, tht's a compound question.

(4) A: Tht was the belt tensioner.
(5) Q: Okay.

(3) A: 1(4) Q: Let me (5) A: I personay don't remember specifcaly one or the

Tht was related to the belt tensioner?

(S) A: Yes.

(7 Q: Have you heard that acceleration noise since the (8) tie you took the vehicle back from Cogg's?
(9) A; Not to my knowledge.

(S) other. I - I do recogne those naes as probably someth (7 I read about.
(S) Q; So did you revew, say, in product literatue
(9) tht - any sort of - did you ask the dealership or did the

(10) There is another bangig noise, but that's the (11) one that has to do with the interior - someplace in the
(12) front frame of the vehicle. There's somethg loose that -

(10) dealership give you any sort of inormation whie you were
(11) going around lookig at dierent motor homes, any particular

And there - it's - it's right in the front (14) strctue around the windows, but it's not inside anytg (15) tht I know is engie related. It's sort of up on the side. (1S) Q: Let me touch on just a couple of other areas. When (17) you were - when you went to - when you were doing your
(13) it bans.

(12) brocure or advertisement on a particular manufactuer's
(13) chassis?

(14) A: Not tht I can recal. I just remember gettg the
(15) glossy brochures tht show the whole coach.

And I know my

(IS) husband would have read more about the engie. I don't th

(18) research to tr to fie out what kid of motor home or RV
(19) to purchse, what tyes of

(17) I had ever heard of the word chssis before ths.

(18) Q: When you went to the dealership, you were askig
(19) around for various - you stated that the - that the

motor homes you were - you

(20) mentioned a couple dierent brands of motor homes, Monaco

(21) Gulf Stream, I th a couple other ones - did you just look
(22) at those particular brands of motor homes?
(23) A: Primarily.

(20) dealership showed you dierent thgs around and they let
(21) you inspect diferent ths.

(22) Did they answer your questions when you (23) when you asked a question, did you feel

like they answered it

(24) Q: So -

(25) A: We looked at every we could fid to look at.

(24) for you?
(25) A; I'm - yes. I'm sure that the salesman told me

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Page 135

(I) what he knew.
(2) Q: Well, when you were dealg with Don Lynch or Hak

(1) Custom Chassis?
(2) A: I'm - to the best of my memory, I have gotten out

(3) Fredenburg, did they ever refuse to ask - like if you asked (4) them a particular question, did they refuse to provide you an (5) answer to a particular question that you asked them?
(S) A: Well, they're salesman. I'm sure they didn't

(3) the book and looked up various thgs in it. When we're
(4) broke down on the side of the road, you get out the book and

(7 refuse anytg. They gave the answers that they are

(8) knowledgeable about giving. I don't recal exactly what they (91 would have said. Or, you know, what we were, you know,
(10) askig general questions, so they certay didn't refuse to

(5) you try to look up what's wrong. (S) Q: Have you ever seen - I've got a couple of pages (7 flagged in here. But have you ever seen ths particular set
(8) of materias before?
(9) A: Possibly.
(10) Q: Okay. Ths would probably - ths is part of

(11) answer anytg.

a

(12) Q: When you went in and asked - when they - when you
(13) were discussing with them, how did they describe - did they

(11) Work - ths is part of a Workhorse owner's manual. The
(12) sections that I'm referring to are sections 7 of the

(14) describe - how did they describe the motor home tht you
(15) were purchasing? Did they just describe it as a Fleetwood,

(13) Workhorse owner's maual that conta the warranty

(14) inormation.
(IS) A: Uh-huh.

(IS) or did they describe it as a Fleetwood with a particular
(17) model chssis tht you were purchasing? Or did you ever ask (18) those kids of questions at the dealership?
(19) MR. AMAR: Objection. Vague.

(IS) Q: Have you ever - have - in the materias, have you
(17) found a Workhorse owner's maual?

(1S) A: Yes, I - yes.
(19) Q: Okay.

(20) BY MR. WILLIAMS:
(21) Q: Let me reword - let me reword the question.
(22) For - when you went in and asked them for

Then have you - have you ever taken a look

(20) at the rear of the maual to read the Workhorse warranty?
(21) A: Well, I - when these problems occurred so quickly

(23) inormation, did you ask them any questions specifcay
(24) about a Workhorse Custom Chassis?
(25) A: No.
Page 134

(22) afer we bought the vehicle tht they were covered under

(23) warranty, I had no - it was a bumper-to-bumper, everyg's (24) covered up to a certa mieage, warraty, so I knew it was (25) covered. I don't remember specifcaly sittg down and
Page 136

(1) Q: Okay.
(2) A: I had never heard of

Workhorse.

(1) readig the warraty word for word.

(2) Q: Well, for instace, when you purchase a - when you
(3) purchase a vehicle or any vehicle, for instace, do you
assume tht, let's say, oil (5) chages would be covered under a warranty?
(4J normaly - do you normaly (S) A: Excuse me.

(3) Q: So did you ask them any questions pertag to

(4) a - any other warranties aside from the Fleetwoo warraty
(5) tht we discussed earlier?
(S) MR. AMAR: Objection. Foundation.

That depends. 1-

(7 THE WITNESS: I don't reca anytg lie
(8) tht.
(9)
(10) Q: Okay.

(7 Q: Well, for instace (S) A; It depends on -

BY MR. WILLIAMS:
You testied earlier tht they gave you a

(9) Q; i guess let me clarif my question.
(10) I'm not sayig lie if you buy

(11) lie canvas bag of dierent mauals or somethg (12) someth of

a separate

tht natue.

(13) A: Yes.

(14) Q; Have you looked though that - those - those

(15) various owner's manuals?
(1S) MR. AMAR: Objection. Form.

(11) service contract. I'm sayig - for instace, you stated you (12) owned a Yukon earlier. If you bought - when you bought your (13) Yukon, did you buy the Yukon with the expectation that you (14) would never have to pay for an oil chage? (15) MR. AMAR: Objection. Foundation.
(1S) THE WITNESS: Well, I - I'm sort of - i (17) could you be more specifc? I guess I'm gettg lost in your

(17) BY MR. WILLIAMS:
(18) Q; Or have you - I'm sorry.
(19) Have you looked though those various

(18) subjective(19)

(20) materias that the - that the dealership provided you?
(21) MR. AMAR: Objection. Form. (22) THE WITNESS: Yes. I looked though them

BY MR. WILLIAMS:

(20) Q; Okay.

(21) A: In ths case, i bought somethg tht was covered
(22) by warranty, and i knew the general terms of the warraty.
(23) Q: Well, let me follow up on tht answer.

(23) afer we purchased the vehicle.

(24) BY MR. WILLIAMS:
(25)

Q: Have you ever seen a - a warranty for a Workhorse

(24) How did you know the general terms of the
(25) warranty?

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(1) MR. AMAR: Objection. Foundation.

(2) THE WITNESS: Just, you know, they - it's
(3) like what the sales guy says.

And they give you a bunch of

(1) you should be compensated for, for instace, paying for fuel (2) fùters and thgs like that. I'm tring to understad why (3) you thk that you're entitled to recovery of a fuel ffter

(4) paper, and you - you drive offo

(5) So I'm just trying to remember what happened (S) in ths case, and I - I don't.

(4) if the - if the warranty doesn't alow that to be - if
(5) that's somethg

Workhorse hasn't promised to do in its

(7 BY MR. WILLIAMS:
(S) Q: So, as we sit here today, is your understadig of
(9) what any warranty in ths case, whether it be Fleetwood's or
(10) Workhorse's warranty, what it covers, what it doesn't cover

(S) warranty.

(7 And so let me rephrase the question ths way:
IS) Why do you feel

like, for instace, that Workhorse should pay

(9) you for the cost of replacing fuel fùters?

(11) is it based simply upon your conversations with the people
(12) back at - at the dealership?
(13) MR. AMAR: Objection. Form.

(10) A: Well, primarily because there's somethg - there (11) was something wrong with the - there's somethg wrong with
(12J the whole fuel system in the thg.

There was, you know,

(14) THE WITNESS: No. I - well, I'm not a
(15) mechac, and I tend to let my husband, you know, take care

(13) junk and gunk being sucked up apparently though the fuel And it happened with, you know, the very begig. (14) ta.
(151 Q: Okay. Can you also look over on the next side-

(IS) of thgs. I know tht we looked in there and made certa (17) we were following the matenace pla.

(18) BY MR. WILLIAMS:
(19) Q: And is - well, as part of the matenace pla, is (20) replacement of fuel fiters tyicaly covered? Would - tht
(21) would be covered under a matenace pla under ths (22) particul vehicle, would it not?
(2) A: I don't know.

(IS) on the right-hand side of the document where it says economic (17) loss or ext expenses not covered.And then it says

(18) exaples include loss of use of the vehicle, storage,
(19) inconvenience, payment for loss of tie or pay, vehicle

(201 renta expenses, lodgig, meas or trvelig expenses, state

(24) Q: Okay. Let me just refer to a couple of pages in
(25) the warranty. I'm referring to page 322 here on the flgged
Page 138

(21) or local taes requied on warraty repais. (22 MR. AMAR: Objection. Foundation. (23) THE WITNESS: Wht's the question?

(24) BY MR. WILLIAMS:
(251 Q: Well, my question is, is - you recognze that ths
Page 140
(1) is part - ths - these terms are part of the Workhorse

(1) portion where it says maitenace. (2) MR. ROWE: I'm sorry, David. Are you going to

(2) warranty, are they not?
(3) MR. AMAR: Objection. Form.

(3) have these marked as exhits?
(4) MR. WILLIAMS: We can add ths to the
(51 transcript.

(4) THE WITNESS: I don't recal readig ths page (5) or - or seeing tht specifcaly.

(S) MR. ROWE: You might want to distiguish

(7 between the previous one and ths one.
(8) MR. WILLIAMS: As far as number?

(S) BY MR. WILLIAMS:
(7 Q: But you do recal receivi an owner's manual for

(8) Workhorse for a - for a Workhorse Custom Chassis.
(9) A: Yes.
(10) MR. WILLIAMS: Okay. That's fie. We can

(9) MR. ROWE: Yeah.
(10) MR. WILLIAMS: Ths would be Exbit 18 for
(11) purposes of

the trscript.

(11) just go ahead and mak ths as Exbit 18.

(12) MR. ROWE; The one you're showing to her now

(12) BY MR. WILLIAMS:
(13) Q: Let me move on to just a couple other remaig
(14) questions.

(13) or the one you just showed to her?

(14) MR. WILLIAMS: We'll cal ths one inclusive

(15) exhbit. But I'm referring to Exbit 322 - I'm sorry (IS) 332 where it says - where it outles some thgs; fiters,

(15) Has the vehicle been daged in any of the
(1S) recent local hurricanes in the Sait

(17) brake pads, clutch coolats and fluids are covered oruy when
(18) replacement or repai is a result of a defect in material or
(19) workmanship.
(20) Do you understad what tht means?

Augustie area?

(17) A; No.

(18) Q: Okay.And you stated earlier that the vehicle has
(19) right around 20,000 mies currently on it?
(20) A: It - right.

There - it's somethg over
And then

(21) MR. AMAR: Objection. Foundation.

(21) 20,000 mies, and it should be indicated in the last
(22) report - repai order that's in the documentation.

(22) THE WITNESS; I see what it says. I realy
(23) don't know what it means.

(24) BY MR. WILLIAMS:
(25)

(23) it would be a litte - a few mies - some amount of mies
(24) over that that we've just gone back and forth to the gas
(25) station.

Q: You had testied earlier that you feel as though

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(I) Q; Okay. Let me just ask you one last set of
(2) questions on Exbit 15. I'm referring to the - to the

Sennett v. Fleetwood Motor Homes of tA
Page 143
(1) A: I don't remember. It's been a wrule.

(3) thd page (4) A: Uh-huh.
(5) Q; - where the last paragraph states tht you wil
(S) testi as the value - of the value of the subject verucle

(2) Q: So you've aleady paid hi for his services?
(3) A: Yes.

(4) MR. WILLIAMS: Can we go off the record for
(5) just a second.
(S) (Discussion off the record.)

(7 was dished by as much as 50 percent or less of the
(8) purchase or lease price.

(7 MR. WILLIAMS: We can go back on.
(8) Mrs. Sennett, I thk you for your tie today.

(9) In your mid, what is the dished value of
(10) ths verucle?

(9) I don't have any other questions for you.
(10) THE WITNESS: Okay.

(11) A: Well, I'm not an expert. I can't say. I haven't (12) consulted any - anyone tht could give me ths number.
(13) Q: Well, your platifs - I'm sorry. Your counsel

(14) has told us, has disclosed to us in preparation for your
(15) deposition tody tht you wil be caled - that you wil -

(11) MR. ROWE: I'm afd I have just a couple (12) follow-ups based on some thgs tht came up during your (13) testiony to Mr. Wilams.
(141

(IS) tht you were prepared to offer testiony with respect to

(15) FURTHEREXAMINATION

(17) what ths verucle is worth - worth in its current condition what you wil argue as part of (18) and tht tht wil be part of
(19) what you are entitled to recover as dages.

(1S) BY MR. ROWE:
(17) Q: You mentioned tht bangig noise comig from the

(IS) front section around the windshield, is that right?
(19) A: Yea. I th we taed about it in one of

(20) So I'm trg to understad what it is you
(21) wil testi to tht ths verucle has been dished to. (22 A: Well, just - I can only state what I have
(23) experienced.

your

(20) fist items tht - in the interior trim section.

(21) Q: Okay. Under interior trim, I've got the front

(22) slide rubs on overhead light fie, cabinet drwers won't
(23) stay closed and the bedroom door locks won't stay closed. I
(241 don't know if I've got ths down or not, but let's just rut

And tht's the - ths verucle is not properly

(24) constrcted, has a contiued rustory of problems, thgs tht

(25) are - it's taen in for repai and they say they're fied,
Page 142
(1) and I get it back and they're not fied. It's - it's not

(25) it real quickly Page 144

(1) A: Okay.
(2) Q: - so that I mae sure I've covered it.

(2) worth anytg to me. I'm - I can't use it.
(3) Q: So, as we sit here today, then you're clg that
(4) the value of ths verucle is $O?

(3) So could you just describe it a litte bit
(4) more what we're tag about, ths bangig noise tht you

(5) A: Well, I suppose it could be used for scrap.

(S) Q: And what is the - the basis for tht opinon is
(7 simply your - your personal experiences with ths motor

(5) mentioned near the widshield. When you're ridig in the coach down the (S) A: Yeah.
(7 highway and you hit a bump, there's somethg in the panel to (8) the right of the passenger's side that's - that seems to be

(8) home?
(9) A: Yes. I -

(10) Q: And is it based upon any other sort of assessment
(11) or valuation tht you've aleady had conducted by some sort (12) of outside thd party?
(13) MR. AMAR: Objection. Form.

(9) loose because you hear somethg hittg.

(10) Q: So(11) A: And it's - it's above the engie compartment.
(12) Q: Above the entr?

(13) A: Above the engie compartment on the right side of
(14J the dashboard.

(14) THE WITNESS: I (15) MR. AMAR: Speculation.

(1S) THE WITNESS: I don't have any knowledge right

(17) now that would be pertient. I told you I haven't seen any (18) report from the expert that I hied.

(15) Q: So it actualy sounds lie it's inside the dash? (IS) A; The dash or the section that goes up the right-hand (17) side just in back of the widsrueld in the strctu frame
(18) part.

(19) BY MR. WILLIAMS:
(20) Q: That's Mr.

Trimell you're referring to?

(19) Actualy, I th that was referred to in ths
(20) document you had from the Fleetwood guy. Maybe not. I don't
(21) know.

(21) A: Yes.

(2) Q: Did you personaly hie Mr. Trimell
(23) A: Yes.

(22) Q: Al right. Well, just a couple more questions
(23) about ths problem then.

(24) Q: How much is Mr. Trimell compensated for? How much
(25) do you have to pay hi?

(24) Did you ever bring it in to be worked on?
(25) A: Yes.

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