Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT 2

Case 2:04-cv-00161-ROS

Document 189-3

Filed 08/25/2006

Page 1 of 14

. ,

iil

In The Matter Of:
Sennett v. Fleetwood

William Trimmell May 26, 2005

Grifin and Associates Court Reporters
3030 North Central

Avenue
Suite 1102

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

Orginal File WT0526-1. TXT, 116 Pages

Min-U-Scriptt$ File ID: 0343350521

Word Index included with this Min-U-ScrptCI

Case 2:04-cv-00161-ROS

Document 189-3

Filed 08/25/2006

Page 2 of 14

Sennett v. Fleetwood
I.

Wil Trimel1
May 26, 2005
Page 3

UNITED STATES DISTRICT COURT

(1) DEPOSITION OF WILLIAM TRIMMELL was taken on

FOR THE DISTRICT OF ARIZONA
LANE SENNETT.
Plalntnf.

(2) May 26, 2005, commencing at 9:11 a.m., at The Cavanagh
(3) Law Firm, 1850 North Central Avenue, Sulfe 2400, Phoenix,
(4) Arizona, before PAMELA J. MAYER, a Certnled Court
(51 Reporter In the State of Arizona.

vs.
FLEETWOOD MOTOR HOMES OF
CALIFORNIA, INC, and WORKHORSE

) No. CV04 0161 PHX ROS

(6)

(7 COUNSEL APPEARING:
(8) For Plalntnf:
(9) KROHN & MOSS, L TO.

CUSTOM CHASSIS,
Defendants. )

Mr. Jack C. Gunn
(10)

DEPOSITION OF WILLIAM TRIMMELL
Phoenix, Arizona

111 West Monroe Street
Sulfe 711

(11) Phoenix, AZ 85003

May 26,2005

(12) For Defendant Fleetwood Motor Homes:

9:11 a.m.
REPORTED BY:

(13) THE CAVANAGH LAW FIRM Mr. Kerry M. Griggs
(14) 1850 North Central Avenue

PAMELAJ. MAYER, RMR-CRR

Certnled Court Reporter
Certnlcte No. 50207

Sune 2400
(15) Phoenix, AZ 85004

(16) For Defendant Workhorse Custom Chassis:
PREPARED FOR:
(17)

BOWMAN AND BROOKE, L.L.P.

(Copy)
(18)

Mr. David W. WIllams
2929 North Central Avenue
Sune 1700
(19)

Page 2
(IJ

INDEX

Phoenix, AZ 85012

(2) WITNESS
(3) WILLIAM TRIMMELL

PAGE

(20)
(21J

(4) EXAINATION BY MR. GRIGGS
(5) (6)

4
91

(22)

EXAMINATION BY MR. WILLIAMS
EXAMINATION BY MR. GUNN

(2)
(24) (25)

113

(7
(8)

Page 4
EXHIBITS

(1) WILIA TRIMELL, (2) a witness herein, havig been fist dily sworn by the
(3) Certifed Cour Reporter to speak the trth and nothing (4) but the trth, was examied and testifed as follows:
Marked

(9)

Deposnion
(10) Exhiblls:
(11)

Description

(6) EXAMINATION
Discover Papers: Plaintif's Expert 36

(5J

(7 BY MR. GRIGGS:
(8J Q: Would you please state your ful name and spell (9) your last name for the record,
(10) A: William Triell, T-r-i-m-m-e-I-L.

(12)

Disclosure

(13) 2 Plaintif's 8th Supplemental Rule 26 88

Disclosure Statement
(14)

(111 Q: Mr. Triell, we have met on a number of
3 Defendant Fleetwood's Expert Wnness 90

(12) occasions in the past. Correct?
(13) A: We have.

(15)

Disclosure Statement
115

(16) 4 File of Willam Trlmmell

(14) Q: In fact, I've taken your deposition on a number
(15) of these RV-related cases. Correct?
(16) A: I believe you have.
(17) Q: All right. I'm going to skip over a lot of

(17)
(18) (19) (20) (21) (22) (23) (24) (25)

the

(18) deposition ground rules. If at some point in time I feel (19) that we need a refresher course, I wil jump in and do a
(20) refresher course. Okay?

(21) A: Yes, sir. (22) Q: Al right. We're here to talk about a 2003 Pace
(23) Arrow owned by a Lane Sennett. Is that your
(24) understanding?

(25) A: It is, sir.

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wilam TrimeD
May 26, 2005

------- -----------~~----------~-----~-Page 5

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Sennett ... Fleetwood
,I

I1J Q: All right. What's the length of that motorhome? (2) A: According to my notes, that is a 37 A, which is
(3) a gas 38-foot.
14) Q: Okay.

(1) Q: Okay. In fact, you're being held out as an
(21 expert in the RV industry in this particular case.

(3) Correct?
(4) A: I am.

And - okay. So it is gas.

(5) And the chassis manufacturer, if you know?
(6) A: I believe that was a Workhorse.
(7 Q: Okay.

(5) Q: Okay. You worked for Isley's at one point in
(6) time. Is that true?

And I know we've gone through this (8) before, but just so we're clear for the record for this
As pertains to

(9) case, we talk about a chassis.

(10) Ms. Sennett's motorhome, in general terms, what is the
(11) chassis?
(12) MR. GUNN: Objection to form.

(7) A: I did. (8) Q: And remind me, where are they located? (9) A: They are no longer in business. And when you worked for them, where were 110) Q: Okay.
(11) they located?
(12) A: In Mesa,Arizona, and in Glendale,

Arizona. I

(13) THE WITNESS: It would be my understanding (14) the chassis in this particular instance would be the
(15) frame, running gears, drive train. Basically, the coach (16) body would not be included into the chassis.

(13) believe they had - well, I know they had two locations.
(14) I think the one north would be considered Glendale.

(17) BY MR. GRIGGS:
And has it been your general experience (19) in the RV industry that chassis manufacturers may warrnt (20) their chassis separately from the coach manufacturer? (21) MR. GUNN: Objection, form, foundation. (22 THE WITNESS: As a general rule or in this
(18) Q: Okay.

(15) Q: And when you were working for Isley's, which (16) location did you work out of?
(17) A: Mesa.

(18) Q: And who were your direct supervisors when you
(19) were working for Isley's in Mesa? (20) A: Would have been Bil Horton, the owner - excuse (21) me, Bil Horton, who was the owner of the facilty, and a

(23) partcular(24) (25)

(22) gentleman named - it slipped my mid. (23) Q: Bil Horton and somebody else.
(24) A: Yes. Dave Matson. Excuse me, David Matson.

BY MR. GRIGGS:
Q: As a general rie.
Page 6

(25) Q: M-a-t-s-n?
Page 8

(1) A: General rie, yes, I know they carr separate
(2) warrnty issues on the - or separate warrnties on the (3) chassis as versus the coach body. I don't partcularly (4) address them that way, but I know that's the way they are (5) warrntied.
(6) Q: Right. Because you have experience in the RV

(1) A: I believe that's the way it was spelled, yes.

(2) Q: And Horton, H-o-r-t-o-n?
(3) A: I believe you're right.

(4) Q: Anybody else that would have been a direct (5) supervsor of you durg the time period you worked for
(6) Isley's in Mesa?
(7 A: No, sir.

(7 industr,
(8) MR. GUNN: Objection, form, foundation.

(9) BY MR. GRIGGS:
(11) A: I'm sorr.

(8) Q: And why did you leave Isley's? (9) A: Why - okay. Why did I leave Isley's?
(10) Q: Correct.

(10) Q: Is that a yes? Would you repeat the question?

(11) A: To pursue my appraisal business furter.
(12) Q: Were you terminated from Isley's, or did you
(13) resign?
(14) A: No, I was not terminated.

(12) Q: You have experience in the RV industry,
(13) A: Yes,

(14) MR. GUNN: Objection, form. Is this a
(15) federal case?

(15) Q: Did somebody come to you at Isley's and ask you
(16) to voluntarily resign? (17) A: I was given a choice, resignng - there were (18) two of us in the body shop at that time. They were like within (19) downsizing. The gentleman that was there was (20) two years of retirg. I wanted to go ahead and pursue (21) mine, so it was lie a mutual agreement.

(16) MR. GRIGGS: It's a federal case.
(17) MR. GUNN: Okay. Objection, Calls for a (18) legal conclusion at issue in this matter.

(19) BY MR. GRIGGS:
(20) Q: Did you understand the question?
(21) A: I'm sorr. I'm at a loss. Repeat your

(22) question, please.

(23) Q: You have experience in the RV industry, Is that
(24) correct?
(25) A: Yes, I do.

(22) Q: All right. Someone was going to have to be let (23) go, and you received the option of either being - well,
(24) you received the option of essentially voluntarily (25) submittng your resignation.

Page 5 - Page Case 8 (4)

2:04-cv-00161-ROS

Min-U-SmpÍ( Document 189-3

Filed 08/25/2006

Page 4Mi-U-Script of 14

~nnett v.
Fleetwood
Page 33

wil Trimel1
May 26, 2005
Page 35

(1) A: From the Sennetts. When I made my - would have
(2) made my initial contact to them, I would have asked them
(31 to send me everything that was pertinent to their case,

(1) A: No, sir, I did not search like the National
(2) Traffc Safety Board deal to see if any recalls had been (3) pUt out on this coach or not.
(4) Q: Why not?

(41 such as the repair orders, warranty paperwork, that type
(5) of thing. And I asked them to put that in a large (6) envelope, mail it to me.

(7 And when I cut the little thing that you see
(8) out, that came right off of their envelope that they sent
(9) me. That's the reason I cut it out,

(51 A: I just don't do that unless there would be a (6) reason or one would be brought up. It's not part of my

(7 normal(8) Q: All right, How aboUt, next question, did you do

That way, I know I

(10) was mailed that package, that it wasn't sent to me by

(9) any research to determine whether any manufacturer had

(11) someone else or that I went out and inspected whatever.
(12) I know that this was a package that was mailed to me.
(13) Q: Okay. So you have taped a piece of the envelope

(101 issued a technical servce bulletin in any way applicable
(11) to the Sennetts' motorhome?

(14) to the June 15th, '04, letter from Krohn & Moss.

(15) A: I have, yes, sir.
(16) Q: And that piece of envelope came from the

(12) MR. GUNN: Objection, form. (13) THE WITNESS: Yeah, like I said, I just, I (14) don't believe it was on this one.

(15) BY MR. GRIGGS:
(16) Q: Well, is the answer to my question no? (17) A: Someties I do. Someties I don't. I don't
(18) believe on the Sennetts' that I did. Like I said, I
(191 don't thin there's a recall involved here. If I'm

(17) Sennetts.

(18) A: It did, sir.

(19) Q: Now, when you asked them to send you materils,
(20) how did you phrase your request? Did you say, "Send me

(21) only the things you thin are importnt"? "Send me
(22 everying"? Excty what did you ask them?

(20) wrng, I stand corrected.

(23) A: I usually ask for all warrnty repair orders, (24) case histories, if they've sat down and documented or (25) made a history of what's happened to them, which most
Page 34

(21) Q: Well, and again, my question isn't even whether (22) a recall notice might be out there. My queston is
(23) whether you did any research to determie whether a (24) recall may have been issued by a manufacturer applicable
(25) to the Sennett coach,
Page 36

(1) folks have, so I usually get that tye of inormtion,
(2 any case histories, any correspondence that they made.
(3) Basically, what I do not ask them for or tell

(41 them that I really don't want is for them to send me
(5) their owner's manual.
(6) Q: Okay.
(7 A: I don't really need the owner's manual.And

(11 MR. GUNN: Objection, form. (2) THE WITNESS: And I believe I told you (3) last time that I didn't do any research.

(4) BY MR. GRIGGS:
(5) Q: Okay.

And so now I'm asking you the same

(6) question, but instead of recalls, I'm asking about
(7 technical servce buletis.

(8) many, many ties, if you ask an open-ended question,
(9) you're going to get an owner's manual and a lot of

Any research to determie

things

(8) whether any manufacturer had issued a technical servce (9) bulleti applicable to the Sennett coach.
(10) MR. GUNN: Objection, form,

(10) lie that that I really don't need or ask for.

(11) Q: Did you do any research to determie whether any
(12) manufacturer had issued a recall notice applicable to the
(131 Sennett motorhome?

(11) THE WITNESS: I didn't.

(12j BY MR. GRIGGS:
(13) Q: Excuse me?

(14) A: And I don't remember whether it was this one or
(15) the one we're going to do this afernoon that has a
(16) recall involved in it.

(14) A: I didn't.
(15) Q: Okay. Did not. Correct?

(17) I don't believe this is the one. I believe it's
(18) this afernoon's one that's got the recall.
(19) Q: Well, my question was, did you do any research

(16) A: Yes, sir. What I'm going to do now is have(17) Q: Okay.
(18) MR. GRIGGS: I've got one ext copy

of

(20) to determie whether (21) A: Oh -

(22) Q: Let me finish.
(23) Did you do any research to determine whether any (24) manufacturer had issued recall notices applicable to the
(25) Sennett motorhome?

(19) these, gentlemen. You can fight over it. (20) MR. GUNN: What is it? (21) MR. GRIGGS: No.1, I'm going to have this
(22) document marked as Exhibit 1. It says "Discovery

(23) Papers: Plaintif's Exert Disclosure."
(24) (Deposition Exhibit 1 was marked for
(25) identication.)

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Case 2:04-cv-00161-ROS

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- Page 36

Wilam TrimeD
May 26, 2005
Page 37

._-----~ -~------~.~-------------~--_._-------Page 39

Sennett '\. Fleetwood

(1~ (Discussion off the record.)
(2) (Recess at 9:54; resumed at 9:59.)

111 Q: Do you see that?
(2) A: I do.

(3) BY MR. GRIGGS:
(4) Q: All right. What I have handed you has been (5) marked as Exhibit 1 to your deposition. I just want you
(6) to flp through that and tell me if you generally (7 recognize that document.

(31 Q: And I believe beginning at about line 2 of the (4) second page of Exhibit 1, it says, "See expert report
(5) previously disclosed. This report is based on Trimmell's (61 physical inspection of the coach," and then it goes on. (7 Correct?
IS) A: Yes, it does.

(S) A: I do, sir.
(9) Q: Just generally, what is this document that's

(9) Q: Okay. But you never did a physical inspection

(10) Exhibit 1 to your deposition?

(10) of the coach. Correct?

(11) A: The whole thing or just - each porton? (12) Q: Do you recognize the first four pages?
(13) MR. GUNN: And, Kerry, we're specifcally (14) referrng to the plaintiff's expert disclosure? (15) MR. GRIGGS: Exhibit 1, yes.

(11) A: No, sir, nor did I write that.
(12) Q: Okay. Did you ever see any pictures of

the

(13) Sennett motorhome?

(14) A: No, sir, Had I been sent pictures, they would
(15) be in my me, and I don't have any pictures in there,
(16) and I certinly don't recall

(16) MR. GUNN: The reason I ask is because
(17) mie had a couple of different ones above that. That's (1S) why I was asking. (19) THE WITNESS: Yes, sir, I do.

looking at any pictures.

(17) Q: So - okay.
(18) So obviously, you never did a visual inspection
(19) of

(20) BY MR. GRIGGS:
(21) Q: Al right. So how about the fist four pages? (2) Do you recogne the first four pages? (23) A: Not really. I mean, no.
(24) Q: Okay. That's fie.

the RV. Correct?

(20) A: Quite obviously.

looking at the second (22) page of Exibit 1, heading 4, "Exibits," do you see
(21) Q: And then down below, stil

(23) that, at about lie 14?
(24) A: Uh-huh.

(25) The last several pages are your valuation report
Page 38

(25) Q: Is that a yes?
Page 40

(1) and then your wrtten report. Correct?
(21 A: They are, sir.
(3) Q: And then your cv
(4) A: No, the last pages are -

(1) A: I dO.Yes, sir, I do.

(2) Q: It says, "Triell may use pictures taen durng
(3) the inspection. "
(4) You've never seen that before. Correct?

(5) Q: Let me mae sure that we're looking at the same
(6) thing.

(5J A: Right.And if I didn't do any inspection, I (6) obviously didn't tae any pictures either.
(7 Q: Did you ask the Sennetts to tae any pictures

(7 MR. GUNN: I thin they're out of order,
(S) Mr. Griggs.Just the copy is out of order.

(9) BY MR. GRIGGS:
(10) Q: The last three pages are your cv Correct?
(11) A: Oh, okay. Okay. Sure,

(81 and send them to you?

(9) A: If I had have, I would assume that they would
(10) have complied with my wishes, and I don't see any, so I (11) would have to tell you that I probably didn't ask,
(12) Q: Okay.

(12) Q: Did you do a physical inspection of the Sennett
(13) motorhome?

(13) A: And that's not to say that I didn't ask if they
(141 had any pictures they wanted to send and they said they

(14) A: I did not.
(15) Q: Why not?

(15) didn't and therefore I wouldn't have pursued it any
(16) further.

(16) A: I believe the Sennett motorhome was in Florida.
(17) I'm in Arona. No one offered to pay my trvel time,
(18) expenses, that tye of thing, so, no, I didn't tae it
(19) upon myself

(17) Q: Let's flp back in Exibit 1 to the actual
(1S) written report, not your evaluation report but the

to fly to Florida and look at this coach.

(19) beginnig of your wrtten report.
(20) A: Okay.

(2) Q: All right. I just want you to take a look at

(21) the second page of Exhibit 1.
(22) A: Okay.

(21) Okay. I believe you're on page - it says page

(22) 1 at the bottom of the (23) Q: Correct.

(23) Q: And do you see under heading 2, "Basis and
(24) Reasons of all Opinions"?
(25) A: Okay.

(24) A: Okay.
(25) Q: All right.

You tyed this. Correct?

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sennett v. Fleetwood
Page 41

Wil Trimel1
May 26, 2005
Page 43

(1) A: I did, sir.
(2) Q: Did you tye it on or around August 22nd of

(1) about the Sennett coach prior to drafting your report
(2) that's part of Exhibit I?
(3) A: Other than what my daily experiences and things

(3) 2004?

14) A: That's when it's dated. (5) Q: All right.
(6) A: So I would have to assume that that's when I

(4) that could relate to the Sennetts might have bled over, (5) but not specifcally just for the Sennetts.
(6) Q: Okay.All right.

You mentioned - and I'm

(7 probably started my report.
(S) Q: All right. Now, feel free to look at as much of (9) this as you want, and I guarantee we're going to go
(10) through this in some detaiL.
(11) A: Okay.

(7 looking at the first page of your written report (S) A: Yes, sir,
(9) Q: - that's part of Exhibit i. You mention that

(10) the unit is a carrover motorhome. Correct?

(12) Q: But I just want to ask you, number one, you
(13) outlined and discussed a number of issues that the

(11) A: Yes, sir, I did.

(12) Q: What do you mean by a carrover motorhome?
(13) A: That means - in my terminology, that means a

(14) Sennetts had had with their motorhome. Correct? (15) A: I did. (16) Q: AU right. How is it that you decided what (17) issues to include and discuss in your wrtten report? (1S) A: Probably by the same issues that I discussed
(191 with the Sennetts.

(14) motorhome that has a chassis on it that is of a different (15) model year than the coach body itself. In other words, (16) in this instance, we have a, I believe it's a 2002

(17) chassis with a 2003 coach body on it. The coach itself

(1S) wil carr the 2003 model designtion year. The VI
(19) number on the - on the chassisVI number

(20) Q: Is that your general practice, to talk with the
(21) coach owner and then hit in your report, address in your (22 report the issues that you talked to the owner about?

would reflect

(201 the 2002 modeL. In other words, if you were lie an
(21) insurance company or something and looked just

at the VI

(23) A: Yes, sir.

(24) Q: Okay, Prior to drag your report, had you
(25) looked at any deposition trnscripts related to the
Page 42

(22) number, you would call this a 2002, because that is the (23) year designation of the chassis, when in reality it is (241 titled and considered a 2003.That's a carrover coach.

(25) Q: Do you know the exact date of the chassis
Page 44
(1) maufacture?

(1) Sennett litigation?
(2 A: No, sir.

(3) Q: Have you ever seen a deposition trnscript

(4) related to the Sennett litigation?

(2) A: I do not. I'm going strictly, I believe, off of (3) the VI number, and the VI number, if you count the
(4) tenth digit over, reflects the year of tht chssis, and

(5) A: I have not, sir. (6) Q: Coild you just sunrie for me, before sittg
(7 down and writing your repon, everything you had done to

(5) that number, I believe, woiid be a 2, which would
(6) indicate it being a 2002 chssis.

(8) educate yourself as to the Sennett motorhome. I mean, I (9) know you talked to them. Correct?

(7 Q: Al right. But in terms of the exct date of
(S) manufactue for purposes of the certicate of origi of

(10) A: Yes, sir. (11) Q: And you looked at repair orders. Correct? (12) A: Yes, sir. I reviewed the complete package,
(13) which is reflected in my me here, which you're quite (14) welcome to copy.! would have reviewed those documents. (15) Then I would have called the Sennetts to do our (16) intervew, hence, again, my note page. I would have (17) probably - again, I'm assuming that the black lettering

(9) the chassis, any idea what that is?

(10) A: I do not. (11) Q: Okay. How about the exact date of manufacture (12) of the motorhome for purposes of its certicate of
(13) origi? Any idea what that is?
(14) A: It would probably be in - the man date would

(15) probably be in here, but I don't know that I - I don't
(16) remember it right now, no.
(17) Q: Do you have any idea how long Fleetwood was in

(1S) here are the things that I wrote before I did the phone
(19) intervew, and the - I usually grb up a red ink pen, I (20) keep both on my desk there, and I usually wrte the
(21) answers or things that are afer in the red ink.

(18) possession of the Workhorse chassis before it took it in (19) and began a production process involving that chassis?

(20) A: TIs particular chassis?
(21) Q: Yes.

(22) Q: Okay. So you would have talked to the Sennetts
(23) and reviewed the documents that are a part of your me.

(22) A: No, sir.
(23) Q: I want to read a sentence from your report. And (24) it says, "It would not be unreasonable to relate some of

(24) A: Yes, sir.

(25) Q: Anyting else that you did to educate yourself

(25) these problems to the fact ths chassis was settg

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wilam TrimeD
May 26, 2005
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._--~------~-~
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Sennett --. Fleetwood

(1) around for a much longer period of time before it was (2) utilized into a full fledged motorhome."
(3) Did I read that correctly?

(1) it in the production process?
(2J A: I didn't make that statement in my report.

(3) That's your statement, not mie.
(4) Q: Well, see, I can ask questions however I want.

(4) A: You did, sir.
(5) Q: All right. Have you formed a professional

(5) And I thik that question was pretty clear, and I'm going
(6) to read it to you.

(6) opinion within a reasonable degree of certinty that at (7 least some of the problems experienced by the Sennetts
(S) with the motOrhome are a direct result of the chassis

(7 The court reporter wil read that back to you.
IS) (fe requested portion of the record was

(9) having set around for a long period of time before it was (10) utilized in a full-fledged motorhome?
(11) A: Yeah, I have.

(9) read.)
(10) THE WITNESS: And my answer was?
(11) (fe requested portion of the record was

(12) Q: All right.And you can make that opinion even

(12) read.)

(13) without knowing how long the chassis was in Fleetwood's

(13) THE WITNESS: And I stand by the

(14) possession before it was used in the production process.
(15) Correct?

(14J question. Where did I make that statement in any report?

(15) BY MR. GRIGGS:
(16) Q: I'm not askig you if you made the statement in

(16) A: Well, we know it sat around long enough that
(17) it's a 2002 chassis being used in a 2003 coach There's no argument about that. (18) situation.

(17) your report.
(1S) A: Oh. Okay.
(19) Q: I'm askig if - if

(19) Q: Well, again, but you don't know how long it was
(20) in Fleetwood's possession. Correct?
(21) A: No. It cOlld have been six months, might have

you have formed a

(20) professiona opinon with a reasonable degree of (21) certaty tht a specifc problem experienced by the
(22) Sennetts is the diect result of the fact that the

(2) been 12.
(23) Q: Okay.

And which problems that the Sennetts

(24) experienced do you diectly attbute to the fact that

(23) chassis sat around for a whie before Fleetwood used the (24) chassis in the production process.

(25) the 2oo2 chassis sat around before Fleetwood used it in
Page 46

(25) A: And my answer to tht is right in my report. It
Page 48

(1) the production process?
(2) A: I don't have any partculr ones that I know to

(IJ would not be uneasonable to relate some of these

(2) problems to the fact this chassis was settg around for
(3) a much longer period of tie before it was utilied into

(3) be a fact. I didn't mae that statement.
(4) Q: Okay. Well, and this gets us back to kind of
(5) where we came in. Isn't it prett specultive for you to

(4) a full-fledged motorhome. That's the only statement that
(5) I've made.
(6) Q: I understand that.

(6) say, "Yeah, some ofthe problems the Sennetts experienced

(7 are due to the fact that this motorhome chassis sat (S) around a while before Fleetwood used it in the production
(9) process"?
(10) MR. GUNN: Objection, form.

(7 A: Okay.

(11) BY MR. GRIGGS:
(12) Q: Isn't that speculation?
(13) MR. GUNN: Objection, form.

(S) Q: And I appreciate and I've read that and it's (9) there in black and white. What I'm asking you is a (10) different question. I'm not asking what's written in
(11) your report. Okay?
(12) A: Okay.
(13) Q: I'm asking a specifc question.

Al right? And

(14) THE WITNESS: I didn't mae the statement
(15) you just made.

(14J I'm going to tr to say it again a third time, but I

(16) BY MR. GRIGGS:
(17) Q: Well, I think that you told me earlier that you the problems would be related (18) had an opinion that some of
(19) to this issue.

(15) thin I have a right to a response.

(16) Have you formed a professional opinion that a
(17) specifc problem experienced by the Sennetts with the

(1S) motorhome is the direct resllt of the fact that the (19) chassis sat around a while before Fleetwood used it in
(20) the production process? What's the answer to that
(21) question?

(20) A: Could be related.
(21) Q: Okay. There we go. COlld be.All right. But

(22) have you formed a specifc professional opinion that a
(23) specific problem that the Sennetts experienced with their (24) motorhome is in fact diectly related to the fact that

(22) MR. GUNN: There's a form objection.

(23) THE WITNESS: No, I have not made any
(24) professional opinions about any specifc issues being (25) directly related to that fact. I wOlld stand by my

(25) the chassis sat around for a while before Fleetwood used

Page 45 - Page 48 (14) Case 2:04-cv-00161-ROS

Min-U-SmpÍ( Document 189-3

Filed 08/25/2006

Page 8 Mi-U-Script of 14

~nnen v.
Fleetwood

Page 89

-(2) Gaughan,
(3) MR. GUNN: Okay.

Wil Trimel1

--~-------~~Page 9 1

May 26, 2005

(1) "Well, the value of the motorhome must be $70,000"?

(') MR. GRIGGS: Report of our expert, Bryan

(2) A: Is this a sell or a trade-in? (3) Q: This is sell to a buyer in an arm's length
(4) transaction.
(5) MR. GUNN: Objection, form.

And what page are we

(4) looking at here?

(6) THE WITNESS: This is not a trade-in
(7 situation.
(S)

(51 MR. GRIGGS: I'm looking at the beginning (6) of his report.
(7 MR. GUNN: Okay.
IS)

BY MR. GRIGGS:

BY MR. GRIGGS:

(9) Q: Not a trde-in,

(9) Q: I just want to ask you if you've ever seen the

(10) A: Okay, Sure.They found someone that would pay

(10) November(11) A: 4th.
(12) Q: - 4th report of Bryan Gaughan that's part of

(11) them $70,000 for it.

(12) Q: So then that's the value ofthe coach. (13) A: Sure is.
(14) Q: Okay.

(13) Exhibit 3.
(14) A: I have not.

(15) A: Wouldn't argue that with you for a moment, (16) Q: We could figure out a way to argue about that
(17) one, Bil, I guarantee you.

(15) Q: Okay.

(1S) A: Let's figure it this way. If you can get
(19) somebody to pay you a given amount for it, whether they

(16) MR. GRIGGS: All right. I'm done. (17) (Recess at i I :09; resumed at i i : I 8.)
(1S)

(20) are a knowledgeable buyer or not doesn't matter. That amount ofmoney (22 and they paid that amount of money for it, so it wOlld be
(21) means that they considered it worth that

(19) EXAMINATION
(20) BY MR. WILLIAMS:
(21) Q: Mr. Triell, my name is David Wilms. I'm

(2) awf hard to argue that one. (24) Q: I'll have something marked as Exibit 3.
(25) MR. GUNN: For the record, this says the
Page 90

(22) counsel for Workhorse Custom Chassis. I just have a (23) couple of questions I want to ask you related to your

(24) report, and I may dovetail off of a couple of Mr. Griggs'
(25) questions.

(1) sum of $70,00 for trde-in.
(2 THE WITNESS: Well, now you're talking (3) totally diferent ballgame.

Page 92
(1) But let me go ahead and refer you back to page 3

(2) of your report - of the wrtten porton of your report.
(3) And I thin for the record, this is Exibit i or

(4) MR. GRIGGS: I never represented that that (5) said something diferent. I never (6) MR. GUNN: "For the sum of $70,000

(4) Exibit A.

(5) MR. GRIGGS: Part of Exibit i.
(6) THE WITNESS: Yes, sir.

(7 mius" -

(S) THE WITNESS: You want to argue trde-in
(9) value versus cash value?

(7 BY MR. WILLIAMS:
(8) Q: And just for the sake of refreshing my memory, (9) you have not - you did not conduct a vehicle - a (10) physical inspection of this motorhome. Correct? (11) A: I did not.
(12) Q: Okay. You state,fist of

(10) BY MR. GRIGGS:
(11) Q: And you can - once you get the transcript of
(12) this, feel free to scrutiize it.

all, that there are

(13) A: Okay.

(14) Q: I never represented that that specifc document (15) said anyting(16) A: I gotcha.

(131 several chassis issues that the owners, the Sennetts,

(14) have experienced with the motorhorne,
(15) Are you aware today as you sit here whether any
(16) of

those complaints are stil uncorrected complaints?

(17) Q: Okay.
(1S) (Deposition Exhibit 3 was marked for
(19) identication,)

(17) A: Not today, no, sir. (1S) Q: Okay. So, for instance, you mention in the
(19) second - I guess the four to the last sentence of that

(20) BY MR. GRIGGS:
you now has been marked as (22) Exhibit 3 to your deposition. And feel free to look at (23) as much of this as you want, but I want to focus on the (24) last three pages that I'll represent for the record is (21) Q: What is in front of

(201 second - of the bottom paragrph, you say, there are (21) "There have been

fuel-related problems with the main" -

(22) I'm assumg, when you say "with the main," are you (23) talking about the main portion of the vehicle itself
(24) A: Okay. "With the main" would be your main drive

(25) MR. GUNN: What is this?

(25) engie.

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- Page 92

wil TrimeD
May 26, 2005
Page 93

Sennett "v.

Fleetwood
Page 95

(1) Q: Okay.

(2) A: Okay? And then I went, "as well as auxiliary
(3) generator engines."
(4) Q: Okay. Let me ask you, with respect to

(11 Q: Do you recall what the complaint with the dash
(2) air conditioner was?
(3) A: I do not.

(4) Q: As you sit here today, do you have any opinion

(5) fuel-related issues with the main - with the main (6) portion, I guess, with the main portion of the chassis, (7 what are you referring to there?
(S) A: I'm sorr. Your name, again?

IS) to a reasonable degree of certainty as to whether there
(61 are any uncorrected complaints related to the dash air (7 conditioner? (S) MR. GUNN: Objection, form,
(9) THE WITNESS: There's no way I can know

(9) Q: David Wiliams.

(10) A: David, I believe, in doing my review of the
(11) repair history, warrnty work orders, that they had some (12) fuel pump problems, had a kinked fuel line. I'm not (13) quite certin right now. I'd have to go back and check (14) all that. But I'm not quite sure if that kinked fuel (15) lie wasn't to the generator, which would not be your
(16) problem.

(10) about that today.

(11) BY MR. WILLIAMS:
Any complaints that the Sennetts may have (12) Q: Okay. (13) related to, say, a drivabilty concern - well, any
(14) complaints that the Sennetts may have related to, say,

(15) the vehicle stallng when they're drivig down a freeway,
(16) are you aware they made any complaints of that nature?

(17) Q: Okay. WeB, let's address the fuel pump issue. (18) As you sit here today, you don't have any - do
(19) you have an opinion as to whetherthere are currently

(17) A: I certinly didn't note anyting lie that in my
any
(1S) report, so - and had that happened that they told me (19) about, I wOlld have either had just completely to have,

(20) uncorrected problems with the fuel pump?

(21) A: I do not.

(2) Q: Okay. So - and then as we sit here also today,
(2) if there are any issues related - uncorrected issues (24) related to the generator or the generator lie or any
(25) generator hoses, do you have an opinion as to whether any

(20) you know, spaced it off or forgot about it or else it (21) wOlld have defitely had to happen to them that I was (22 aware of, it wOlld have went in my report, that would (23) have been an issue that I would have, you know, included
(24) in my report, had I known about it, that I can remember (25) right now.
Page 96

Page 94

(1) of those complaints remain uncorrected?

(2 A: Today, no. Like I say, I'm just now fidig out
(3) today, obviously, the motorhome was trded off, the

(11 Q: If there was a complaint - let's just say for
(2) the sake of, just for the sake of this question, that
(3) there was a complaint with the vehicle stallg durg -

(4) Sennetts don't even own it, do they? Wasn't it trded?
As you sit here (6) today, though, do you have any opinon as to whether
(5) Q: Let me get back to my question.

(7 there are any uncorrected complaints related to the fuel
(8) generator?
(9) A: I do not.

Al right? Let's just say (5) for puroses of this question there was - that the (6) Sennetts had a complaint that the vehicle stalled while
(4) while it was being operated.

(7 drivig.
(S) A: Okay.

(10) Q: Okay. You also mention in the very last
(11) sentence, "the belt tensioner." Do you see that?

(9) Q: Would there be any way for you to have an (10) opinion as to whether that condition would still be
you do not physically test-drive the vehicle (11) present if (12) yourself (13) MR. GUNN: Objection, form. (14) THE WITNESS: Not unless it was reported
(15) to me by someone or let's say a warrnty RO had been (16) generated for that very fact, then, let's face it, (17) they're probably not going - and work done on it,

(12) A: I do, sir. (13) Q: Do you recall what the complaint was with the
(14) belt tensioner?

(15) A: No, sir. I'd have to review. (16) Q: Okay. Do you have any opinion as you sit here
(17) today whether there are any uncorrected complaints
(1S) related to the belt tensioner?

(19) A: I do not.
(20) Q: Okay.

(1S) they're not going to generate an RO, do work on it if
(19) it's a problem that's nonexistent.

The next one afer that is "dash air

(20) BY MR. WILLIAMS:
(21) Q: Okay. Let's say that there was a repair order (22) generated for a complaint that the vehicle wOlld - that
(23) the vehicle would stall or the vehicle would cut out.
(24) Okay?
(25) A: Uh-huh.

(21) conditioner." Do you see that?
(22) A: I do.And we're going on to page 4 now.

(23) Correct?

(24) Q: This is going over to page 4, yes. (25) A: I do.

Page 93 - Page 96 (26) Case 2:04-cv-00161-ROS

Min-U-SmpÍ( Document 189-3

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Mi-U-Script Page 10 of 14

sennett v. Fleetwood
Page 97

Wil Trimel1
May 26,2005
Page 99
(1) Thank you.

(1) Q: Even if there were a repair order generated, is (2) a repair order evidence that there's a currently - that
(3) that complaint stil remains uncorrected?
(4) MR. GUNN: Objection, form.

(2) BY MR. WILLIAMS:
(3) Q: I just want to try to understand in my mind how
(4) you compute - do you see the number where you had
(5) $43,925 for loss of

(5J BY MR. WILLIAMS:
(61 Q: You can go ahead and answer my question.
(7 A: Okay.

value? Do you see that? It's on the

And to answer that to the best of my

(6) first (7 A: I grbbed the wrong sheet.

(S) ability, let's say, just hypothetically, okay, that that (9) were the case, and in that warranty repair order, it

(S) Okay. Let's see.
(9) Q: Where you have "Loss of (10j A: Okay. "Loss of

(10) said, "couldn't duplicate the problem," in other words,
(11) the people that addressed that RO couldn't make it (12) stalL. That doesn't mean that the stall wasn't there at (13) the time that it happened. You know, when you say you (14) can't duplicate, are you duplicating the exact conditions (15) that caused the problem?
(16) So, therefore, no, there's no way I could say

Value" and then-

Value," yes, sir.

(11) Q: Do you see that, where it says $43,925? (12j A: I do, sir. (13) Q: Okay. Can you explain to me how you arrive at
(14) that number?

(15) A: Certinly,
(16) If you tae top book retail value and you deduct
(17) the estimated present day (1S1 with 43,925 in loss of value. value, that's

(17) that, had the Sennetts' coach had a stallng problem, (IS) that it doesn't stil have one today? No, I couldn't say
(19) that.

where you come up

And there again, that's

(20) Q: Let me rephrase the question in this way.
(21) If there was a repair order that was generated
(221 with a complaint that the vehicle stalled and that the

that (20) I use that maybe - you know, that's where I come up (19) probably more of an insurnce evaluation termiology

(23) repair facilty made - took corrective action, say,
(24) replaced a fuel pump or did something to a fuel

(21) that's the way insurnce companies look at these tye of (22 things, is loss of value, in other words, what was the
(23) customer's loss of

lie, and
Page 98

value, and that's how they determie

(25) then the Sennetts had put, say, 10,000 mies on the

(24) what they're going to pay in a claim loss.
(25) Q: Okay.

(11 vehicle since that corrective action was taen, wOlld you (2 agree that that - that that corrective action wOlld have (3) corrected the stallg complaint?

Page 100
(1) A: So that's what I meant by loss of value.

(2) If the - in my opinon, if the Sennetts' coach
(3) were settg there that day, reta value, top book on it
l41 would have been the 100,400, and then if you subtract the (5) estiated present day value for it, it's just a simple

(4) A: Or resolved the issue, to the best of anyone's
(51 knowledge, that's the logical conclusion that anyone (6) wOlld have to mae.

(7 Q: Okay. So wOlld it be fair to say, then, or
(S) wOlld you agree, then, that if some corrective action was (9) taen, the Sennetts had not brought the vehicle back in,

(6) arithetic formula, it's not anytg else.
(7 Q: Then let me see if I'm understadig your

(S) mathematical equation, we'll cal it that.
(9) A: Okay.

(10) say, for 10,000 miles, related to a fuel stallng
(11) complaint or some sort of stalling complaint, would it be (12) fair to say that that complaint has been corrected? (13) MR. GUNN: Objection, form and foundation. (14) THE WITNESS: For the mies that occurred up until whatever hypothetical time we're (15) from the repair (16) talking about -

(10) Q: You take ths actual cash value or what you're (11) calg the top reta value. (12) A: Yes, sir. (13) Q: And you have an estiated present day value.
(14) You subtrct the estiated present day value from the top
(15) book reta value, and then you arrive at a number, what
(16) you're calg loss of value. (17) A: I did, sir. As far as the first number, ths top book (1S) Q: Okay.

(17) BY MR. WILLIAMS:
(1S) Q: To the present.

(19) A: - yeah, you could mae that logical conclusion
(20) that it hadn't failed again.

(19) reta value, how do you arrive at that number, the
(20) $ lOO,400?

(21) Q: Okay.AlI right.
(22) Let me ask a few questions now about the (23) appraisal sheet you have. (24) MR. GRIGGS: Also part of Exhibit 1.

(25) MR. WILLIAMS: Also part of Exibit 1.

look at your retai value is (22) $99,390, that's with no add-ons. That's with no(23) that's just a base, that's just the base number that NADA (24) says that coach would be worth on that particular given
(21) A: Well, if you'll

(25) day with the base amenities.

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Page 100

wilam TrimeD
May 26, 2005
-------~--------------- ---------

Sennett v.
------------------------------------ -------.-----.
Page 101

------Page 103

Fleetwood

I1J Q: So the 100,400 is based on the NADA retail
(2) value.
(3) A: Exactly.

(1) A: If they knew what I was asking them the numbers

(2) for, they'd clam up and you wouldn't get anything out of
(3) them.

(4) Q: So, and this is a number that you can
(5) objectively look to, say, in the NADA book or in the NADA
IS) Wholesale Guide and determine this NADA retail value.

(4) Q: So then essentially, how do you - how do you (5j come to the conclusion that this vehicle would have (6) would be worth 75 percent of the wholesale value?

(7 A: It is, sir. (S) Q: Okay. Let's talk about the second value, this
(9) estimated present day value, Do you see that number, the
(10) 56,475?

(7 A: That's a - that is a figure that I derived,
(S) like I say, and I try to derive that figure in fairness. (9) When I do an appraisal, I have no one's interest at (10) heart. I do - I am an independent appraiser. I do an (11) independent appraiser. I've had many, many - appraisal,
(12j excuse me. I've had many people come back to me very mad

(11) A: Yes, sir, (12) Q: What does that number represent? (13) A: That number represents my opinion of what a
(14) wholesaler would pay for their coach. I mean, I explain (15) it oUt prett clearly there. It says, this is 75 percent

(13) about my appraisaL. "Well, I want this."
(14) Well, I don't care what you want.

You asked me

(16) of wholesale value, and I thin my calcllator is okay.
(17) If you just take 75 percent of the 75,300, I believe (1S) that's where I came up with 56,475.
(19) Q: So you're taing, then, when you're saying the

(15) for an appraisaL. This is my opinion. If you don't like

(16) it, go get another appraiser. But I'm not - I don't
(17) change my numbers to accommodate what someone thinks,

(201 wholesale value, is that another NADA guidelie value? (21) A: It is.

(1S) This is my opinion. That's what you're paying me for, is (19) my appraisaL. I'm giving it to you,

(20) Q: So, if I was - if the Sennetts, though, were to
(21) go out and put their vehicle on the market, are you (22) telling us that they would only get $56,475 for it?

(22 Q: And that also, the wholesale value for the coach
(23) can also be found in a NADA guidelie book. (24) A: It can, sir.
(25) Q: Okay.
Page 102

(23) A: No, sir, that's not what I said at all.
(24) Q: Okay.

(25) A: That's not what I'm reflectig in these numbers.
Page 104

(1) A: In fact, just to clear that up for you, right
(2 there is the page that I took the values out of. 13J Q: Do you actually give the wholesale value at the (4) top of your appraisal sheet?
(5) A: I do.
(6) Q: Okay.

(1) Q: Okay.
(2) A: If you wi revert back to Kerry

and I's

(3) previous conversation, okay, there are a few numbers that

(4) you can consider known numbers. lie I said, in the RV
(5) industry, your NADA is your bible. Nobody uses Kelly

And is that 75,3OO?

(7 A: It is.
(8) Q: So then you're taing 75,300 and sayig that

(6) Blue Book. That's for - that's who you show - that's
(7 what you show a prospective buyer. No professional would (S) use Kelly Blue Book. Can't even go on the Internet other

(9) this - that no wholesaler wOlld give the Sennetts any
(10) more than 75 percent of

that value.

(9) than fidig comparables.
(10) See, there's several diferent ways to come up

(11) A: None to my knowledge wOlld, sir. (12) Q: Okay. Now, when you're saying that no

(11) with valuations. You can use dealer quotes. You can use

(13) wholesaler would give a 75 percent, would - no
(14) wholesaler

(12) comparables.And then you can use book numbers. When

would offerthe Sennetts more than 75 percent

(15J of the wholesale value, did you consult ~th any (16) wholesalers in arrvig at that opinion? (17) A: I talk to wholesalers on a daily basis, almost.
(1S) Okay?

(13) you're tag book numbers, you're takig NADA.Those (14) are the only book numbers that count.

(15) When you're using comparables, you're actualy
(16) going in, fidig coaches that are for sale - now, (17) there's two kid of comparables, comparbles that are for
(1S) sale and comparables that have been sold.

The only tre

(19) Q: Okay.

(20) A: Did I consllt with any of them partcllarly on
(21) the Sennett coach? No.
(22) Q: Okay. So then -

You (20) might have some guy in the RVTrader askig 20-, $30,000
(19) numbers are the comparables that have been sold.

(21) more than his coach is actualy worth, but he thks his

(23) A: And if I were to, they wouldn't give me an
(24) answer.
(25) Q: Okay. Did -

(22) coach is worth that. So, do you see where I'm comig
(23) from?

(24j So book numbers are the consensus of the
(25) industry.

And in the NADA, they even use regionals.

Page 101 - Page 1042:04-cv-00161-ROS Case (28)

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iJ""''''''LLL

Y.

Fleetwood
Page 105

Wil Trimell
May 26, 2005
Page 107

(1) See, when you go on the computer and you get - you go
(2) into NADA's Web site and you get - those are national

(1) numbers. But there are certain numbers that you can use,
(2) such as wholesale, retail, those type of numbers, but
(3) those are just bases.

(3) numbers. Those are not regional numbers. They're not
(4) the same numbers that you get out of your professional (5) guide, If they were, they would never be able to sell a (6) professional guide to anyone.
(7 Q: Okay. Well, I appreciate you educating me on

(4) BY MR. WILLIAMS:
(5) Q: Okay. Let me ask you a follow-up question,

(6) then.

(S) those distinctions.
(9) So, did - in forming your opinions, then, did

(7 Would you agree, then, that really the way to (S) the only way really to determie what the market would
(9) pay, someone, buyer consumer, you know, in a buyer

(10) you use comparables?
(11) A: Absolutely. I always get comparables.

(10) consumer/seller transaction, would pay for the Sennetts'

(11) motorhome is literaly to go out and try to put the thg

(12) Q: Okay, What comparables did you use in forming

(13) your opinions?

(12) on the market and fid out what a wilg buyer would
(13) actualy pay for that motorhome?
(14) A: Or ffnd comparabJes.

(14) A: I don't know. I just go in the computer and
(15) scroll down, RVTrader, or else I'll get into RVTrader,

(16) I'll tr to find - I tr to fid at least five (17) comparables. I throw out the highest and lowest and
(1S) average the mean three.

(15) Q: Okay. But that's realy the only - is that
(16) realy the only objective way to fid out what the -

(19) Q: And that's what you used to determine this
(20) 56,475?
(21) A: Absolutely not. When you're dealing with

(17) what a wilg buyer would pay for the Sennetts' (1S) motorhome, is to actualy go out and try to find someone (19) wilg to pay for it? (20) A: You have to use the bok numbers as your basis.
(211 That's where al appraisals stat from.

(22) wholesale values - how many wholesale coaches do you

(23) thin you're going to fid in the RVTrader? 124) Q: Okay. So then here's my question, is,
(25) essentilly, what forms the basis - what are you using
Page 106

(22) Q: Okay. So my question is, is would you agree, (23) then, tht the way to determie what the estiated (241 present day value from - what a wilg buyer would pay (25) present day for the Sennett' motorhome is to actualy go
Page 108

(1) to(2) A: I wOlld use comparables to come up with the

(1) out and either put the thing on the market or fid a

(3) $100,000 number. I ld never use comparables - I
(4) don't know of anywhere you cOlld get comparables that you
(5) could use to figure any of these other numbers other

(2) willg buyer that wOlld be wig to offer them money
(3) for that motorhome? Would you agree with that statement?
(4) A: I would not.

than

(5) Q: Okay. Why wOlld you not -

(6) retail.

(7 Q: Okay. So, as far as the 56,475, is that (81 essentilly - is that - you're specllatig as to what
(91 that value would be - what a wholesaler would offer

(6) A: Then you would never be able to put out an
(7 estted present day value, wOlld you?

(S) Q: And so essentilly-

the

(10) Sennetts if they were to go walk in someplace and -

(9) A: Not uness you did those steps, and that would
(10) be totally ridiculous. I don't know of an appraiser in
(11) the world that's going to go oUt and take your motorhome (12) and put it on the market and see what someone wOlld pay (13) for it just so they cOlld come back and tell you, "Okay. (14) Here's what somebody offered to pay for it." Come on. (15) You've got to get real here.

(11) A: Yes, and I was (12) MR. GUNN: Objection, form. (13) THE WITNESS: I was - like I said, I (14) tred to do that in a fair manner. Okay? There are no (15) comparables for wholesalers. You have to specllate or (16) you have to give your best professional opinion on what (17) you think a wholesaler would pay for a certin coach, (18) what you know wholesalers have paid for coaches in the
(19) past of lie kind and quality.

(16) Q: But you didn't do that, though, in this case. (17) A: No. I didn't put the Sennetts' coach on the
(1S) market.

(20) And those are the things that you have (21) you have to use your experience as an appraiser. That's

(19) Q: So you didn't - so in order - in determiing
(20) what the estimated present day value that you're (21) determiing the estimated present day value is, you did (22) not go out and consllt with a wholesaler to determine (23) what they would pay for this motorhome, did you?

and to hold (24) water, you do have to come into the ballpark.And lie I
(22) whyyou can'ttomorrwopen your door as an appraiser (2) be a successful one, because your numbers do have

(25) said, that's the reason I usually stand behind my

(24) A: I just told you, I consllt with wholesalers on a
(25) daily basing. I know what they'll pay for those

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Case 2:04-cv-00161-ROS

Document 189-3

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wil TrimeD
May 26, 2005
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(1) coaches.

Sennett 'v.

.

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Fleetwood

That's why I can get paid to do an appraisaL.

(1) Q: All right. Stop. Let me - let me ask my
(2) question a different way.

(2) Q: Let me rephrase my question.

(3) With respect to the Sennett motorhome, not (4) motorhomes in general but with the Sennett motorhome, did

(3) You say this thing has a 75 percent - that the
(4) value of this vehicle is 75 percent of the wholesale
(5) value. Correct?
(7 Q: Okay.

(5) you consult with a wholesalerto find out whattheywould (6) pay Lonnie and Lane Sennett for their 2003 Pace Arrow (7 motorhome? (S) A: I used the knowledge to come up with my figure,
(9) and I stand behind it 100 percent.

(6) A: That's my opinion, yes, sir. And so you did not get that number from

(Sj consulting with a wholesaler on this particular vehicle.
(9) A: Absolutely, I did. I consult with wholesalers

(10) Q: That's not my question. I'm not asking you (11) A: No, I didn't put the Sennens' motorhome on the
(12) market.

(10) on a daily basis.

(13) Q: Okay. So, essentially, then, the only way (14) then the $56,000 number you're coming up with is

(11) Q: With respect to this particular vehicle. (12) A: Had a wholesaler told me, "Hey, Bil, you know,
(13) there's a real hot market out there for 2003 Fleetwood

(15) essentially, is your guess as to what (16) MR. GUNN: Objection, form. (17) THE WITNESS: No, it's not a guess, How
(1S) could you call that a guess?

(14) class As," blah, blah, blah, "Man, you can get way above (15) wholesale, even if they're a piece of junk," then I would (16) have taken that into consideration in doing that. I
(17) didn't hear that from any wholesaler. There is no hot
(1S) market for their particular coach, so, therefore, I have

(19) BY MR. WILLIAMS:
(20) Q: Well (21) A: Try guessing 30 years of experience. That's -

(19) to use general knowledge, what the accepted standard of (20) the industr is, blah, blah, blah. These are the things
(211 that I use in figurg these values, sir.

(2 yeah. Try it. You can't guess. You can't guess. I (23) could guess at $24,000. Does that mae me right?
(24) Q: Well, Mr. Triell, what I'm trg to

(25) understand is, absent puttg the vehicle on the market
Page 110

(22) Q: Okay. So when you get down to the brass tacks (2) of it, of how you determie 56,475, essentially that's, (24) you're specultig as to what(25) A: No, no, no. My opinon. Not specultion.
Page 112

(1) to fid out what a wig buyer wOlld pay for it, how do
(2) you arrve, then, at an objective measure for the
(3) estited present day value for this vehicle?

(1) Professional, reasonable opinon. There is no

(2 specllation.

(4) A: I just explained that to you. I took wholesale (5) value, which is a known value, all right, and I tred to (6) be as fair as I cOlld, and I didn't - I didn't figure (7 that the Sennetts' coach would not only brig wholesale (8) value, so, therefore, I figured - I cOlld have (9) figured - if you want to really get right down to it, I
(10) should have used salvage value,That would have been a (11) known number. We know that a junkyard would have paid (12) $20,000 for that coach.
(13) Q: So -

(3) Q: Which essentially you're sti guessing as to (4) what(5) A: I'm not guessing.

(6) Q: - somebody wOlld be wing to pay for this
(7 vehicle. Correct?
(S) A: I'm absolutely not guessing. If I was guessing,
(9) I'd plli some number out of

the air and wrte it down

(10) there and forget about it.
(11) Q: Well, then how do you - isn't pullng - isn't

(12) saying that the vehicle is worth 75 percent of wholesale

(14) A: So that's really - I thin that's what I'll
(15) start doing from now on, instead of trg to be fair, I

(13) guessing what this partcular vehicle is worth?
(14) A: If

1-

(161 can just start using salvage values and don't have to

(17) worr about it. (1S) Q: So essentially, though, you're coming up with a
(19) $75,000 wholesale essentially based upon your own

(15) MR. GUNN: Hold on a second. I have to (16j object. Not only asked and answered but now becomig
(17) argumentative.

(1S) THE WITNESS: And to answer your question,

(20) experience (21) A: Uh-uh. I'm comig up with a $75,000 wholesale
(22) value - look at the paper in front of you. I didn't

(19) if I was guessing, I wOlldn't be using - tryig to be
(20) fair. If I didn't want to do a fair, correct, (21) independent appraisal, I already told you what I'd do. (22) I'd use salvage value and forget about it, and then you'd (23) be looking at many more thousands of dollars than what (24) you're looking at. (25) MR. WILLIAMS: All right. I don't think I

(23) mae that paper.
(24) Q: Okay. You say -

(25) A: No. NADA. NADA. I didn't mae NADA.

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