Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT 1

Case 2:04-cv-00161-ROS

Document 192-2

Filed 08/25/2006

Page 1 of 7

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Marshall Meyers (020584)

2 111 West Monroe, Suite 711

KROHN & MOSS, LTD.

3 Phoenix, AZ 85003

(602) 275-5588
4 (866) 385-5215 (facsimile)

5 Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
) Case No.: CV 04-0161 PHX ROS
)

9 LANE SENNETT,

10 P aintt , 1. .ff.
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)
) )

PLAINTIFF'S INITIAL RULE
DISCLOSURE STATEMENT

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vs. 12 ) )
13 FLEETWOOD MOTOR HOMES OF)
15 Defendant.
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CALIFORNA INC AND WORKORSE)

14 CUSTOM CHASSIS, LLC, )

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PLAINTIFF'S RULE 26 DISCLOSURE STATEMENT

Plaintiff Lane Sennett, pursuant to Rule 26, Fed.R.Civ.P., hereby discloses th

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20 following infonnation and certfies that this disclosure includes all of the relevan
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infonnation in Plaintiffs possession, custody and control, as well as infonnation whic

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I.

THE NAME, ADDRESS AN TELEPHONE NUMBER OF
EACH INDIVIDUAL LIKELY TO HAVE DISCOVERABLE
INFORMATION TO SUPPORT PLAINTIFF'S CLAIM AND

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THEIR SUBJECTS OF INFORMTION
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Case 2:04-cv-00161-ROS

Initial Rule 26 Document 192-2

Filed 08/25/2006

Page 2 of 7

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Plaintiff 2129 W.QuayRd. Saint Augustine FL 32092

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Plaintiff wil testify that on or about March 27, 2003, she acquired a 2003
Fleetwood Pace Arrow ("Pace Arrow"). The Pace Arow was warranted by Defendant

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Fleetwood Motor Homes of California, Inc and Workhorse Custom Chassis, LL
("Defendants"). Plaintiff wil testify that she acquired the Pace Arrow during the duratio

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of Defendants' wrtten warranties, which included various coverage as well as standar

warranties fully outlined in various wrtings by Defendant (print and electrc). One 0
these written warranties promised to correct any vehicle defect related to materials an
workmanship occurrng during the warranty period except1 e.g., those caused by abuse
misuse, failure to maintain, accident damage and neglect.

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Plaintiff wil testify that on or about the aforementioned date, she took possessio
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of the Pace Arow. Thereafter, the Pace Arrow developed a defective interior trim
defective exterior trm, defective steering/suspension, defective electrcal system

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defective engine, defective bathroom door, persistent water leak, defective cabinet door
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persistent dying in flight condition, persistent stallng in flght condition, defectiv

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shower stall, defective closet door, defective .alc compressor, defective fuel tank

defective fuel pump, defective generator hose, defective serpentine belt, and a defectiv
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belt tensioner. Plaintiff wil testify that as a result of the above mentioned defects, non
conformities, and/or conditions, she returned the Pace Arrow to Defendants' authorize

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pres Plaintiff contends Defendant's disclaimers were invalid because oflack of

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disclosure and failure of essential purpose.

Case 2:04-cv-00161-ROS

Initial Rule Document 192-226 Filed 08/25/2006

Page 3 of 7

repair facility(ies) for repair pursuant to Defendants' promise to repair. These repair
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were necessitated by manufacturing defects in materials or workmanship and performe
by Defendants. Despite these repeated repair attempts and reasonable opportnity to cure
Plaintiffs Pace Arow remains in a defective and non-conforming condition. Thi

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defective and non-conforming condition substantially impairs( ed) the use, value and/o

safety of the Pace Arrow to Plaintiff, severely diminishes( ed) the value of the Pac
Arow, prevents(ed) Plaintiff from utilizing the Pace Arow for its ordinary purposes a
intended by Plaintiff at the time of acquisition, and causes Plaintiff direct and incidenta
and consequential harm and damage.2

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Plaintiff wil also be called to offer lay person testimony regarding Plaintiff
subjective belief as to the diminished value of the subject vehicle at the time the vehicl

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was purchased and/or leased. Plaintiff wil testify that the value of the subject vehicl
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was diminished by as much as 50% (or less) of the purchase/lease price. Plaintiff wil

testify that Plaintiff would not have paid the contract price for the subject vehicle ha

Plaintiff been aware of the numerous mechanical defects and non-conformities tha
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would arise in the vehicle. Plaintiff wil base this testimony on the repair history a
documented in the repair records, and current problems with the vehicle at the time 0
arbitration and/or tral; Plaintiffs experience purchasing, trading-in and/or selln

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vehicles; Plaintiffs knowledge of comparable vehicles; and/or Plaintiffs knowledge 0
the current price of the vehicle based on recognized valuation guides that are availabl

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Defendant's disclaimers as to certain damages and Defendant's other remedy limitations.
2 See fn. 1 as to the validity of

Case 2:04-cv-00161-ROS

Initial Document Rule 26 192-2

Filed 08/25/2006

Page 4 of 7

through the Internet. Plaintiff may and reserves the right to also testify regarding an
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affrmative defenses raised by Defendants and as to any other matters timely disclosed.
2.

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Any witnesses listed by defendant
Expert witness (unknown at this time, plaintiff

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wil seasonably

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supplement this disclosure).

The aforementioned witness( es) wil testify to his/her/their personal, first-han
experience with Plaintiffs situation. In addition to the witness(es) named here, Plaintif
reserves the right to name additional witness( es), including the custodian( s) of all records

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if any, required for authentication of documents, all witness( es) named by Defendant, an

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any and all additional witnesses learned through the discovery process. Plaintiff als
reserves the right to supplement the substance of what the aforementioned witness( es

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wil testify to. Plaintiff wil seasonably supplement this disclosure if and when sai

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information becomes known to Plaintiff.

II.
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A COPY OR DESCRIPTION OF ALL DCOUMENTS, DATA

COMPILATIONS, AN TANGIBLE THINGS IN POSSESSION,
CUSTODY OR CONTROL OF PLAINTIFF THAT MAY BE USED

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TO SUPPORT HIS CLAIM
a.

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the Pace Arow (in Plaintiffs possession)
purchase documents (bates#OOOOO 1-000008 )

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b.
c.
d.
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repair and/or maintenance records (bates#000009-000044)
correspondence (bates#000045-000056)

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Hotel and rental car receipts (bates #000057-000058) Service Contract (bates #000059)

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f.

Case 2:04-cv-00161-ROS

Initial Rule 26 Document 192-2

Filed 08/25/2006

Page 5 of 7

g.
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All documents disclosed by defendants, past and future

III.

COMPUTATION OF DAMAGES CLAIMED

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Plaintiffs exact expenses and liabilities incurred are unknown at present.
However, Plaintiff has sustained the following damages at present:

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Vehicle Cost, including
finance charges if applicable:
$188,214.60

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Aggravation and Inconvenience:

$26,100.00 (87 days x $300 per day)

(continuing damages)
Loss of

Use:

$5,400.00 (9 repair visits x $600.00 per visit) (continuing damages)

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Other Incidental and
Consequential Damages:

$224.47 for rental car
$45.19 for hotel

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Attorneys' Fees:

Plaintiff

wil submit Plaintiffs Fee

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Petition at the appropriate time
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IV.

AN INSURCE AGREEMENT UNDER WHICH
SATISFACTION OF ANY JUGMENT MAY BE MADE
Not applicable.

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Initial Rule 26

Case 2:04-cv-00161-ROS

Document 192-2

Filed 08/25/2006

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RESPECTFULLY SUBMITTED thi
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By:

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Initial Rule 26

Case 2:04-cv-00161-ROS

Document 192-2

Filed 08/25/2006

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