Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT 1

Case 2:04-cv-00161-ROS

Document 190-2

Filed 08/25/2006

Page 1 of 11

.,

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. TXT, 147 Pages

Min-U-Script($ File ID: 4249103963

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

..
Case 2:04-cv-00161-ROS Document 190-2 Filed 08/25/2006 Page 2 of 11

~IUlt:U v.
I"leetwood Motor Homes of CA
Page 1

Lae Sennet1

Septembe 14, 2004
Page 3

IN THE UNITED STATES DISTRICT COURT

(1) EXHIBITS(Contd)
(2) NUMBER DESCRIPTION
(3) 11 Letter to Lonnie and Lane Sennett

FOR THE DISTRICT OF ARIZONA

LANE SENNETT, )
FLEETWOOD MOTOR HOMES OF )
CALIFORNIA, INC., and WORKHORSE)

PAGE:

Plalntnf, ) vs. ) No. CV04-0161
Defendants. )
Phoenix, Arizona

94

from Bryan Goughan dated

PHX ROS

(4) September 29, 2003
(5) 12 PlantU1's Response to Defendant

84

Fleetwood's Interrogatories
(6)

CUSTOM CHASSIS, )
DEPOSITION OF LANE SENNETT
September 14, 2004

13

Document Itled Unit Comment

91

(7 (8) 14
(9)

Maintenance
Document titled Unit Comment

Maintenance
15
(10)

9:15a.m.
REPORTED BY:

PlalntU1's Initial Rule 26.1

105
21

Disclosure S1atement
Pace Arrow Brochure

CATHY J. TAYLOR, RPR

Certnled Court Reporter
Certnlcte No. 50111

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

Fleetwoo web site material Document Itled Warranty and
Ownr Assistance Information Section 7

22
138

PREPARED FOR:

ASCII/CONDENSED
(COPY)

(15)
(16)

Page 2 (17)
(1)

INDEX

(18)

(2) WITNESS:

PAGE:
5

(19) (20) (21)

(3) LANE SENNET
(4) Examination by Mr. Rowe
(5) Examination by Mr. Williams

(22
(23)

114 143

(6) Further Examination by Mr. Rowe

£7
(8)

(24)
(25)

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

Page 4

PAGE:
12

(1) THE DEPOSITON OF LANE SENNET was taken at (2) 9:15 a.m., on September 14, 200, at the Law Ofices of THE
(3) CAVANAGH LAW FIRM, 1850 North Central Avenue, 24th Floor,

Arrow
(12)

(4) Phoenix, Arzona, 8500 before CATHY J. TAYLOR, a Certnled
(5) Court Reprter In and for the S1ate of Arizona, County of

2
(13)

Retail Order for a Motor Vehicle
from Michael Hohl

17

(6) Mariopa, pursuant to the Rules of Civil Procedure.

(7
16
(8) COUNSEL APPEARING:
(9)

(14) 3
(15)

We Owe Form re Fleetwood Pace

Arow
4
(16)

(10)

THE CAVANAGH LAW FIRM

Bil of Sale

By: Mr. Patrick G. Rowe
17
(11)

1850 North Central Avenue
24th Floor

5
(17)

Document Itled Limned 25
One- Year/Three-Year Warranty

(12) (13)

Phoenix, Arizona 85004
KROHN & MOSS

(18) 6
(19)

Document Itled Workhorse Custom
Chassis Delayed Warranty S1art

27
(14)

By: Mr. Shalev Amar
111 West Monroe

7
(20)

Document Itled Motorized

39

(15)

Recreational Vehicle Exended

Suite 711 Phoenix, Arizona 85003
BOWMAN AND BROOKE

Service Agreement
(21)

(16)
(17)

By: Mr. David W. WIllams
8

Complaint

39

(18)

2929 North Central Avenue

(22)

9
(23)

Letter to Fleetwood Recreational 49
Vehicles from Lane Sennett dated

(19) (20) (21) (22)

Suite 1700 Phoenix, Arizona 85012-2761

September 4, 2003
(24)

10
(25)

Document inled Time Line of

(23)

51

(24) (25)

Events

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September i 4, 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 SENNET, (3) A: Brentwood, Calornia.
(4) called as a witness herein,having been first duly sworn, was (4) Q: Brettwood?

(2) (2) Q: And prior to Sait Augustie, where did you live?

(6) (6) Q:A: Brentwood. £7 EXAMINATION (7 That's a sma town in Northern Calornia. It is
(8) BY MR. ROWE: (8) not the suburb of L.A.
(9) Q: Would you state your full name and spell your last (9) Q: Okay. (12) Q: Mrs. Sennett, my name is Patrick Rowe. I'm an (12) A: Washigton, D.C. Actualy, (13) attorneyJ represent Fleetwood MotorHomes.And we

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

(10) name for the record. (10) A: About - about six years.

And how long did you live there?

(11) A: Lane Sennett. L-A-N-E, S-E-N-N-E-T-T. (11) Q: And prior to Brentwoo, where did you live?
Arligton, Virgi.
'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?
(22 questions. Your counsel may object (2) the question that I asked. You do stil need to go ahead

(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 (201 A: The fist one is in inormation systems magement,

(21) SO you understand how things wi work today. I'll be asking (21) and the second one is in nationa resource strategy.
at some point in tie to (22 Q: Nationa resource or natual?

and (23) A: National. I'm a retied Navy offcer.

(24) answer the question that I ask uness he specifcally (24) Q: That 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
(1) if

you'd just describe that experience to me.

(2 the question that I've asked, if you'll just ask that I

(2) A: Yes. I was in the Navy for 20 years. I was a Navy

(3) rephrase it, I'll tr to do so. If you ever need to take a (4) break, please let us know. And, as I mentioned before, if
(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 th that'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?

(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.

(12) A: I was an inormation systems maager.

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

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

(13) Q: And how long did you do that? (14) A: About six years. No. I'm sorry. About four and a
(15) haIyears.
(16) Q: And afer leavigAPL, where did you go?

(16) Q: Are you under any medication or is there any reason (17) at al why you mit 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 tht 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?

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

(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

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Document 190-2

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Page 4 Mi-V-Script of 11

~lU.U:;U 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 tht you needed to ffe a lawsuit?
(3) MR. AMAR: Objection. Form.

(1) son?
(2) 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,
(41 South Caroli. He was not with us on the way back when al

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

(5) the problems happened.
(6) Q: Okay. The thd trip, where were you going?

lack of

(8) trust in the - in the vehicle and ths response, which (9) indicated tht Fleetwood would not t.ke the motor home back.
(10) Q: Okay. If you could turn to Exhbit 12.Agai,

(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

(11) those are your interrogatory responses. Your response to
(12) interrogatory 11 was four road trips tht you've t.ken in the

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

(13) vehicle.

(12) Q: And what was the purpose of that trip?
(13) A: Agai, tht was moving. We didn't complete

(14) Other th these trips that are described
(15) here, are there any other trips tht you've t.ken?

(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 t.ke.The fist trip, you just tell me your
(19) begig point and your end point. Where you're statig

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

(17) Q: And the last trip, same questions? Where were you
(18) going?
(19) A: The fourth trip was Brentwood to jacksonvile, and

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

(20) tht was it. It - the motor home has remaied in
(21) Jacksonvie since tht tie.

(22) jacksonvile, Florida.

We haven't gone on any trips.

(2) Q: And the purose of tht trip was to move out to
(24) Florida, correct?
(25) A: Yes.
Page 98

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

(25) A: No.

(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 i. (4) Q: And on your second trip, where were you going?

(1) 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 st.ted

(5) A: We came 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 in Jacksonvie. So at some
(9) point you brought it from

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

Jacksonvie to where? Back to

(10) Brentwood?
(11) A: Back to Brentwood.

(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 (151 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 RV.And that would be shown by the repai

(17) Q: Al rigt.
(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.

(15) orders.And then maybe another six, seven ties just to make (16) sure it's, you know, rung, that thgs are workig
(17) properly.
(18) Q: When's the last tie tht 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 Satuday. So we drove it on Thursday evenig
(21) to put it in its storage.

(22) Q: So tht would be September 11 th, is that 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 UT.
(25) Q: So on tht trip, it was you, your husband, your

(25) A: Yeah.

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sennett v.
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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.Trimell, 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.

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

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

Tht 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
(16) the two conversations we've had.

(14) price, it appears from ths document, was $ 1 10,255.50, is (15j tht correct?
(16) A: Yes.

(17) Q: How long were the two conversations that you had (18) with hi?
(19) A: I realy don't know.

(17) Q: Do you believe tht Fleetwoo 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.

(2) Q: Less th an hour?
(211 A: Probably.
(2) Q: Okay. If you could tun to Exbit i 5 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 today -

(2) section 3, which is the second-to-last page of the exhbit. (241 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
(24) what - what it is that you believe you're entitled to.

(25) Do you believe you're entitled to have
Page 1 08

(1) Fleetwood compensate you for your purchase of the service

(21 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...

And it

(5) has inormation tht I'm fam with, but I haven't read it
(6) word for word, I don't th.

(5) Q: Okay. Tunig back to Exbit 15, computation of
(6) dages cla for aggavation and inconvenience, it states
(7 $26,100.

(7 Q: Okay. If you could tun to section 3 of the - of
(8) the exhbit.

Agai, it's platis disclosure statement in

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

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

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

(10) Q: Okay. So you - would you agree that that is a
(11) proper calculation, 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

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

(14) about the 87 days? Is tht - I'm not even certa where (15) tht's comig from.
(16) A: I don't know.

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

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

(21) How did you come up with that number? (22) A: I didn't compute tht number.
(23) Q: Okay. Do you know where that number comes from?

(20) Q: Okay.And how about the $300 per day? Where does
(21) tht number come from?
(22) A: I don't know.

(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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Sennet v.
Fleetwood Motor Homes of t:

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

Page 111

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

And (4) I was a commander in the Navy for over 20 years, and I have
(3) been as aggavated 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.
(61 Q: Okay. The next item, loss of

use, I assume tht

(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?

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

page 10,

(10) A: Well, to the best of my knowledge, the repai
(11) visits would obviously come from the documentation that I've
(12) submitted.

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

I don't know about the $600 per visit.

(13) MR. AMAR: Counsel, I believe that there's a

(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.

(14) tyo in ths document. It's supposed to be flpped. Loss of
(15) use is supposed to be the days.

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 funnre?
(17) A: Well, tht depends. I realy don't know at ths
(18) point. I sti

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

(181 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 havig

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

(19) Marriotts. I.

(20j Q: Assumig 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 11 0

(25) A: I doubt it.
Page 112
(1) Q: Have you ever listed the Pace

(1) Basicaly tht's what I cal out-of-pocket expenses, money
(2) tht y.ou spent out of your own pocket as a result of problems (3) tht you've had with the vehicle.
(4) Do you agree with those numbers tht we have

Arrow for sale?

(2) A: I did for several weeks, and I decided tht 1 could

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

(5) here that are listed here agai in Exbit 15, your
(6) 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.
(13) Q: Al right.

(7 its constat problems and contiuous repai and terrible
(8) repai history.
(9) 1 - as somebody who's been in a position in

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

Are there any other incidenta and

(12) Q: Have you ever come close to tradig it in on
(13) another unt?
(14) A: No.
(15) Q: I'd just kid of lie to step back and wrap up what
(16) it is we've al discussed today.

(14) consequenti or out-of-pocket expenses that you have

(15) incurred other th what we have listed here, the 224.47 for
(16) renta car and 45.19 for a hotel?
(17) MR. AMAR: Objection. Form.

Are there any other

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

(19) memory(20)

(17) dealgs you've had with Michael HoW RV regardig the (18) purchase of the coach tht we have not discussed today?
(19) A: Not tht I can remember.
(20) Q: Any other dealgs that you had with Fleetwood that

BY MR. ROWE:

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

(21) we have not discussed today?

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

(22) A: Not tht I can remember. I - I do recal I caled
(23) Michael HoW RY.And ths letter refers to someone I taed
(24) to at Michael HoW, Rudy Robles. I believe 1 contacted - 1

(24) Q: Tht's what I was just goin to ask you about. I (25) beleve earlier you mentioned someth about fuel fiters.

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

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~nnen v.
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Lae Sennett
September 14,2004
Page 131

(1) when did you first have a complait with the serpentie belt?
(2) A: To the best of my memory, that was on the fourth

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

(1) Q: When you were lookig for a particular motor home, (2J did you - did you care necessarily about the tye of engie (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?
(6) MR. AMAR: Objection. Form.

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

(8) You'd have to refer to the repai order. (9j 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.

(7 THE WITNESS: Not that I recal.

(8) BY MR. WILUAMS:
(9) Q: So, for instace, you - you stated earlier that
(10) you test drove dierent makes and models of motor homes.

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

(11) When you were takig - when you were decidig on a (12) particula motor home to test drive, did the tye 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 tht where you took it - took the

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

(16) THE WITNESS: I thk - well, to - to the
(17) best that I can recal, I know my husband would ask whether
(18) it was a Ford or a Chevy, but I don't recal tht tht was a
(19) determig factor.

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

There's, you know, a variety of

(20) dierent ones, and I th we were more lookig at the whole
(21) package.
(22

And he caled

Jacksonvie tht

BY MR. WILUAMS:

(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

(23) Q: So when - when you were decidig to purchse the
(24j motor home, did you revew 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 that somebody - maybe I'm not -

Page 132

(1) 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. Tht was related to the belt tensioner?
(6) A: Yes.

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

£7 Q: Have you heard tht acceleration noise since the

(8) tie you took the vehicle back from Cogg's?
(9) A: Not to my knowledge.

(6) other. I - I do recogne those naes as probably someth (7 I read about.
(8) 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 tht's the (11) one tht has to do with the interior - someplace in the
(12) front frame of the vehicle. There's somethg loose tht -

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

(13) it bangs.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. (16) Q: Let me touch on just a couple of other areas. When (17) you were - when you went to - when you were doing your
(18) reseach to tr to figue out what kid of motor home or RV (19) to purchse, what tyes of motor homes you were - you

(12) brochure or advertisement on a particular maufactuer's
(13) chssis?

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

And I know my

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

(20) mentioned a couple dierent brads of motor homes, Monaco
(21) Gulf Stream, I th a couple other ones - did you just look

(20) dealership showed you dierent thgs around and they let
(211 you inspect dierent thgs.

(22) at those particul brands of motor homes?
(23) A: Primarily.

(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 everyg 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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Lae ~nnen
September 14, 2004
Page 133

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

Page 135

(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?
(6) 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 (9) would have said. Or, you know, what we were, you know,
(10) askig general questions, so they certay didn't refuse to

(5) you tr to look up what's wrong. (6) 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 materials before?
(9) A: Possibly.

(10) Q: Okay. TIs would probably - ths is part of a
(11) Work - ths is part of a Workhorse owner's manual. The
(12) sections that I'm referring to are sections 7 of the

(11) answer anytg.

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

(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.
(15) A: Uh-huh.

(16) or did they describe it as a Fleetwood with a particuar
(17) model chassis that you were purchasing? Or did you ever ask

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

(18) those kids of questions at the dealership?
(19) MR. AMAR: Objection. Vague.

(18) A: Yes, I - yes.
Then have you - have you ever taken a look (20) at the rear of the maual to read the Workhorse warraty?
(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

(21) A: Well, I - when these problems occurred so quickly

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

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

(23) warraty, 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 warranty 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
(4) normaly - do you normay assue that, let's say, oil (5) chages would be covered under a warranty?

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

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

(6) A: Excuse me. Tht depends. i -

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

(7 Q: Well, for instace l8j A: It depends on -

(9)
(10) Q: Okay.

BY MR. WILLIAMS:

You testied earlier that they gave you a (11) lie canvas bag of dierent mauals or somethg(12) someth of that natue.
(13) A: Yes.

(9) Q: I guess let me clarif my question.
(10) I'm not sayig lie if

you buy a separate

(14) Q: Have you looked though tht - those - those

(15) various owner's manuals?
(16) 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 chge? (15) MR. AMAR: Objection. Foundation.
(16) 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.

BY MR. WILLIAMS:

(20) Q: Okay.

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

(22) THE WITNESS: Yes. I looked though them

(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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Document 190-2

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~lUlt:U v.
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Page 137

Lane Sennet1
September 14, 2004
Page 139

(1) MR. AMAR: Objection. Foundation.

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

(1) you should be compensated for, for instace, paying for fuel

And they give you a bunch of

(4) paper, and you - you drive off.

(51 So I'm just tring to remember what happened (6) in ths case, and i - i don't.

(2) ffters and thgs like that. I'm tring to understand why (3) you thk that you're entitled to recovery of a fuel ffter (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
(6) warranty.
(7 And so let me rephrase the question ths way:
(8) Why do you feel

(7 BY MR. WILLIAMS:
(8) 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

lie, for instace, that Workhorse should pay

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

(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, primily because there's somethg - there
(11) was something wrong with the - there's somethg wrong with
(12) the whole fuel system in the thg. There was, you know, (13) junk and gunk being sucked up apparently though the fuel (14) tak.

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

And it happened with, you know, the very begig.

(15) Q: Okay. Can you also look over on the next side-

(16) of thgs. i know tht we looked in there and made certa (17) we were followig the matenace pla.

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

(18) BY MR. WILLIAMS:
(19) Q: And is - well, as part of the matenace plan, is
(20) replacement of fuel IDters tyicaly covered? Would - tht
(21) would be covered under a maitenace pla under ths
(22 particul vehicle, would it not?

And then it says

(18) exaples include loss of use of the vehicle, storage,

(19) inconvenience, payment for loss of tie or pay, vehicle (20) renta expenses, lodgig, meas or travelig expenses, state (21) or local taes requied on warranty repais.
(22 MR. AMAR: Objection. Foundation.
(23) THE WITNESS: What's the question?

(23) A: i don't know.

(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

(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 matenace. (2) MR. ROWE: I'm sorry, David.Are you going to

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

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

¡51 transcript.
(6) MR. ROWE: You might want to distigush

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

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

(6) 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.

(9) MR. ROWE: Yea.
(10) MR. WILLIAMS: TIs would be Exbit 18 for

(11) purposes of the transcript.
(12) MR. ROWE: The one you're showing to her now

We can (11) just go ahead and mark ths as Exbit 18.
(10) MR. WILLIAMS: Okay. That's fie.

(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 referrin to Exbit 322 - I'm sorry (16) 332 where it says - where it outles some thgs; IDters,

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

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

Augustie area?

(17) A: No.

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

(201 A: It - right. There - it's someth over
(21) 20,000 mies, and it should be indicated in the last
(22) report - repai order that's in the documentation. And then (23) it would be a litte - a few mies - some amount of mies

(21) MR. AMAR: Objection. Foundation.

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

(24) BY MR. WILLIAMS:
(25)

Q: You had testied earlier tht you feel as though

(24) over that that we've just gone back and forth to the gas
(25) station.

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(1) Q: Okay. Let me just ask you one last set of

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

(2) questions on Exbit 15. I'm referring to the - to the (3) thd page (4) A: Uh.huh.

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

(5) Q: - where the last paragraph states that you wil
(6) testi as the value - of the value of the subject vehicle

(4) MR. WILLIAMS: Can we go off the record for
(5) just a second.
(6) (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 thank you for your tie today.

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

(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 plaitifs - I'm sorry. Your counsel

(11) MR. ROWE: I'm afaid I have just a couple
(12) follow-ups based on some thgs that came up during your

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

(13) testiony to Mr.Wilams.
(14)

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

(15) FURTHEREXAMINATION

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

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

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

(20) So I'm trg to understad what it is you
(21) wi testi to tht ths vehicle has been dished to.
(2 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 (24) don't know if I've got ths down or not, but let's just hit

And tht's the - ths vehicle is not properly

(24) constrcted, has a contiued history 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 clag tht
(4) the value of ths vehicle 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.

(6) Q: And what is the - the basis for that opinon is (7 simply your - your persona experiences with ths motor
(8) home?
(9) A: Yes. I -

(5) mentioned near the windshield.
(6) A: Yeah. When you're ridig in the coach down the

(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

(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
(14) the dashboard.

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

(16) 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? (16) A: The dash or the section tht goes up the right-hand (17) side just in back of the widshield in the strctual frame
(18) part.

(19) BY MR. WILLIAMS:
(20) Q: Tht's Mr.Trimell you're referring to?
(21) A: Yes.

(19) Actualy, I thk tht was referred to in ths

(20) document you had from the Fleetwood guy. Maybe not. I don't
(21) know.

(22) Q: Did you personay hie Mr. Trimell
(2) 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 brin it in to be worked on?
(25) A: Yes.

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