Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT 2

Case 2:04-cv-00161-ROS

Document 188-3

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 in: 4249103963

Word Index included with this Min-U-Scrp~

Case 2:04-cv-00161-ROS

Document 188-3

Filed 08/25/2006

Page 2 of 11

~nnen v.
l"leetwood Motor Homes of CA
Page 1

Lae Sennet1

September 14, 2004
Page 3

IN THE UNITED STATES DISTRICT COURT

(1) EXHIBrrS(Cont'd)
(2) NUMBER DESCRIPTION
(3) 11 LeUer to Lonnie and Lane SenneU

FOR THE DISTRICT OF ARIZONA

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

PAGE:
94

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

from Bryan Goughan dated

PHX ROS

(4) September 29, 2003
(5) 12 Plantnfs Response to Defendant

84

Fleetwood's Interrogatories
(6)

CUSTOM CHASSIS, )
DEPOSITION OF LANE SENNETT

13

Document tilled Unll Comment

£?
(8) 14
(91

91

Maintenance
Document tilled Unll Comment

Maintenance
15
(10)

September 14, 200 9:15a.m.
REPORTED BY:

Plaintif's Inilial Rule 26.1

105
21

Disclosure Statement
Pace Arrow Brochure

CATHY J. TAYLOR, RPR

Certnled Court Reporter
Certnlcte No. 50111

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

Fleetwood web slle material

Document tilled Warranty and
Owner AssIstance fmormatlon

22 138

PREPARED FOR:

ASCII/CONDENSED
(COPY)

Section 7

Page 2 (17)
(1)

INDEX

(18)

(2) WrrNESS:

PAGE:
5

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

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

114

143

(7
(8)

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

Page 4

PAGE:
12

(1) THE DEPOSITION OF LAE SENNET was taken at
(2) 9:15 a.m., on September 14, 2004, at

the Law Ofices of THE

(3) CAVANAGH LAW FIRM, 1850 North Central Avenue, 24th Floor,

Arrow
(12)

(4) Phoenix, Arizona, 8500 before CATHY J. TAYLOR, a Certnled

(5) Court Reprter In and for the State of Arizona, County of

2
(13)

Retail Order for a Motor Vehicle

17

from Michael Hohl
We Owe Form re Fleetwood Pace
16

£?
(9)

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

(14) 3

(8) COUNSEL APPEARING:
(10)

Arrow
(15)

THE CAVANAGH LAW FIRM

4
(16)

Bil of Sale

17

By: Mr. Patrik G. Rowe
(11)

1850 North Central Avenue
24th Floor

5
(17)

Document tilled Llmlled 25
One- YearlThree- Year Warran1

(12) (13)

Phoenix, Arizona 8500
KROHN & MOSS

(18) 6
(19)

Document tilled Workhorse Custom

27
(14)

Chassis Delayed Warranty Start

By: Mr. Shalev Amar
111 West Monroe

7
(20)

Document tilled Motorized

39

(15)

Recreational Vehicle Exended
Service Agreement
(16) (17)

Sulle 711 Phoenix, Arizona 85003
BOWMAN AND BROOKE

(21)

By: Mr. David W. Wiliams
8

Complaint

39

(18)

2929 North Central Avenue

(22 9
(23)

LeUer to Fleetwood Recreational 49

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

Sulle 1700 Phoenix, Arizona 85012-2761

Vehicles from Lane Sennett dated

September 4,2003
(24)

10
(25)

Document mled Time Line of

(23)

51

(24)
(251

Events

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Case 2:04-cv-00161-ROS

Document 188-3

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Page 3(3) 11 of Page

1 - Page 4

Lae sennett
September 14,2004
Page 5

Sennett v.
Fleetwood Motor Homes of CA
Page 7

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

(3) LAE SENNET, (3) A: Brentwoo, Calorni.
(4) calle d as a witness herein, having been first duly sworn, was 14) Q: Brettwood?

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

(5) examined and testifed as follows: (51 A: Brentwood,

(8) BY MR. ROWE: (8) not the suburb of L.A.

£? EXAMINATION £? A: That's a sma town in Northern Calornia. It is

(6) (6) Q: Brentwood.

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

(10) name for the record. (10) A: About - about six years.
(11) A: Lane Sennett. L-A-N-E, S-E-N-N-E-T-T. (II) Q: And prior to Brentwood, where did you live?
(12) Q: Mrs. Sennett, my name is Patrick Rowe. I'm an (12) A: Washigton, D.C.Actualy,Arligton, Virgia.
(13) attorney.! represent

Fleetwood Motor Homes.And we'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. (19J Q: In?
(21) SO you understand how things wi work today. (22) questions. Your counsel may object (23) 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 (20) A: The fist one is in inormation systems magement,
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: Nationa. 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, wruch is have you ever been in the mitay? So
Page 6
Page 8
(1) if

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

you'd just describe tht experience to me.

(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 srups and at various
(4) shore activities.
(5) Q: And what's the tie fre tht we're tag about

(6) for those 20 years?
£? A: 1979 to 1999.

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

(9) is tht every tht we're sayig is being taen down by

(10) the court reporter. So if you'd make sure to respond in
(11) complete verbal responses rather than a shake of the head or
(12) a nod of the head, because she obviously can't tae tht

(81 Q: Okay.And then afer you left the Navy, where did (9) you obta employment? (10) A: I worked for APL Logistics in Oakd, Calornia.
(II) Q: And what were you doing for them?

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

(131 down. Try to avoid uh-huhs and huh-uhs, thgs lie that as

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

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

About four and a

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

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

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

(18) Q: Crowley. Could you spell that for me.
(191 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, Oruo. (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?
Page 5 - Page 8 (4)

(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

Case 2:04-cv-00161-ROS

Document 188-3

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Filed 08/25/2006

Page 4 Mi-V-Script of 11

;:IUll: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 that you needed to me a lawsuit?
(3) MR. AMAR: Objection. Form.

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

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

(3) we dropped hi off at the airport, and he flew to Charleston, (4) South Carolia. He was not with us on the way back when al
(5) the problems happened.
(6) Q: Okay.

(6) set of problems that led you to me the lawsuit?
(7 A: Al of the contiuing problems. My tota1ack of

The thd trip, where were you going?

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

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

(8) Calorni, and we intended to go to Jacksonvile, Florida.
(91 But we had so many problems and were so delayed that we went (101 to Charleston, South Caroli, and then returned to Brentwood

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

(11) with many, may delays and may, many problems.

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

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

We didn't complete

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

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

The fist trip, you just tell me your

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

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

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

(22) Jacksonvile, Florida.

(20) tht was it. It - the motor home has remaed in (21) Jacksonvile since tht tie. We haven't gone on any trips.
(22) Q: And the fourth trip was you and your husband agai?

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

(23) A: Yes.
(24) Q: No one else?

(25) A: No.

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

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?

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

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

July of 2003.

(5) Q: Okay. So since then, I believe earlier you stated

(6) back to Brentwood.

(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 Jacksonvie to where? Back to

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

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

(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 (15) Q: It was a round trip?
(16) A: Yes.

(13) A: Well, let's see. However many ties it went to
(14) Dick Gore's RV.And that would be shown by the repai
(15) orders. And then maybe another six, seven ties just to make (16) sure it's, you know, rug, that thgs are workig

(17) Q: Al rigt.
(18) A: We went from

(17) properly.
Jacksonvie and back to Brentwood.

(19) The second trip listed here, we went to Phoeni. Brentwood
(20) to Phoeni and back to Brentwood. And what was the purose of that trip? (21) Q: Okay.
(22) A: To bring my son here for schooL.

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

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

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

(23) Q: Does he go to ASU?

(24) A: No. He goes to un.

(24) Q: Tht was September 9th. Yeah.
(25) Q: So on tht trip, it was you, your husband, your

(25) A: Yeah.

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Document 188-3

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- Page 100

sennett v.
Fleetwood Motor Homes of CA
Page 1 05

Lae Sennett
September 14, 2004
Page 1 07

(I) et cetera, tht 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

rl) 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.

(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
(8) his report yet.

(6) Q: Okay,And agai referring to Exhbit 1 - and we £? discussed ths earlier - the total taable sellg price of
(8) the vehicle was $ 110,255.50, is that correct?
(9) A: The tota cash sales price was 11 5,243.75.
(10) Q: Correct.

(9) Q: And did he inspect the vehicle?
(10) A: i don't thk so. He - i gave hi copies of the

(II) documentation and I've taked to hi on the phone.
(12) Q: What did you tak to hi on the phone about?
(13) A: Well, to the best of my memory, he just asked

That would include the service agreement

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

(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.

(141 price, it appears from ths document, was $110,255.50, is

(15) 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 Fleetwood should return to you
(18) $188,214.60 even though you could have paid $ 11 ° -

(19) $110,255.50 for the vehicle?

(2) Q: Less th an hour?
(21) A: Probably.

(2~ A: I believe I'm entitled to whatever I'm entitled to.
(21) I'm - I'm - I canot speak to ths. I'm not a lawyer.

(2) Q: Okay. If you could tun to Exbit 15 and

(22) Q: Okay. So you don't know as we sit here today -

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

(24) First, I should ask, do you recogne
(25) Exbit 15? Have you ever seen it before?
Page 1 06

(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

(11 A: I don't know. Wht is it?
(2 Q: It's your inti disclosure statement in ths

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

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

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

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
(6j daages cla for aggavation and inconvenience, it states

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

£? $26,100.

Agai, it's platis disclosure statement in

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

(8) Do you know how that 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 tht you're clai in ths

(10) Q: Okay. So you - would you agree that that is a (II) 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 that - 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

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

you could, agai, referrin to section 3

(19) of ths exhbit, look at vehicle cost, includig fiance
(2) chages, $188,214.60.

And how about the $300 per day? Where does

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

(21) tht number come from?
(22) A: I don't know.

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

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

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

you could tun back to Exbit 1, tht

(25) number to compensate you for your aggavation and

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L3e ~nnen
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Fleetwood Motor Homes of a
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Sennet v.

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

(1) Have you submitted those receipts as well to
(2) your attorneys?
(3) A: i don't 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 that
(7 the answers wil be the same. Do you have any knowledge as

(S) to whether - as to how that - those numbers were arrived
(9) at?

£7 about ths question - if you'd go to Exxbit 12,
(S) 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 handJe on what

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

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

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

And there are other numbers here. I'd

(14) have to look back at my documents.

I don't know.

Aggavation and

(15) Q: Okay. Do you have any intention to contiue motor
(16) home ownership in the future?
(17) A: Well, tht depends. (1S) point. I sti love to travel.

(16) inconvenience is supposed to be the repaied visits. And (17) it's probably why the client's having trouble understadig. (IS) MR. ROWE: Loss of

use is supposed to be the

(19) amount of days in the shop?
(19) Marriotts.l..

I realy don't know at ths I've gone back to stayig in

(20) MR. AMAR: Tht's right.And aggavation and
(20) Q: Assumig tht the Pace Arrow could be repaied,
(21) inconvenience is based on the - the repai visits and having

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

(21) would you have any desire to keep it?
(22) A: No.

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

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

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

(25) A: i doubt it.
Page 112

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

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

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

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

(5) here that are listed here agai in Exbit is, 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

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

£7 its constat problems and contiuous repai and terrible

¡S) repai history.
(9) i - as somebody who's been in a position in

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

(10) the mita, i could not ethcaly sell anybody ths motor
(II) home.

(12) A: Yes. i believe so.
(13) Q: AU rigt.

Are there any other incidenta and

(12) Q: Have you ever come close to tradig it in on
(13) another unt?
(14) A: No.

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

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

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

(15) Q: I'd just kid of lie to step back and wrap up what Are there any other
the coach tht we have not discussed today?

(IS) THE WITNESS: Well, to the best of my (19) memory(20)

(17) dealgs you've had with Michael Hohl RV regardig the
(IS) purchase of

(19) A: Not tht I can remember.
(20) Q: Any other dealgs that you had with Fleetwood that

BY MR. ROWE:

(21) Q: i (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 that i can remember. I - I do recal i caled
(23) Michael Hohl RV:And ths letter refers to someone I taed
(24) to at Michael HoW, Rudy Robles. I believe I contacted - I

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

(25) seem to recal i contacted Michael Hohl 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 ffrst have a complait with the serpentie belt?
(2) A: To the best of my memory, that was on the fourth

(1) Q: When you wcre lookig for a particular motor home,
(2) did you - did you care necessarily about the type of engie

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

(3) or chassis that it had on it? Was that a - did that 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
£? belt tensioner.

£? THE WITNESS: Not that i recal.

(S) You'd have to refer to the repai order. (9) Q: Our repai orders show tht you took the velúcle to (101 a place caled Coggin's Chevrolet.

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

(11) Does that name ring a bell
(12) A: Yes.

(II) When you were takig - when you were decidig on a
(12) particular motor home to test drive, did the type of chassis
(13) enter - enter into your decision to test drive a particular

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

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

(16) Q: Okay.And is that where you took it - took the
(17) velúcle to have those particul complats addressed with (IS) the tensioner belt and the serpentie belt?

(16) THE WITNESS: i thk - well, to - to the

(17) best tht i can recal, i know my husband would ask whether
r1S) 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 wlúch. But at tht

There's, you know, a variety of

(21) point we had dealt with Workhorse quite a bit.And he caled
(22) to fid the Workhorse repai facilty in

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

Jacksonvile tht

(23) was authorized under the warranty, and he was told to make an

(22) BY MR. WILUAMS:
(23) Q: So when - when you were decidig to purchase the
(24) motor home, did you revew

(24) appointment at Cogg.
(25) Q: You described earlier tht - tht there was some

any sort of advertisements for -

(25) well, did you see any sort of ads or literatue about a
Page 130

(I) sort of

bangig noise in the velúcle when you tried to

Page 132

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

(2) accelerate it.
(3) Is tht somebody - maybe I'm not (4) A: That was the belt tensioner.

(3) A: I -

(4) Q: Let me 15) A: I personay don't remember specicaly one or the

(5) Q: Okay. TIt was related to the belt tensioner?
(6) A: Yes.
(7 Q: Have you heard tht acceleration noise since the

(6) other. i - I do recogne those naes as probably somethg
£? I read about.

(S) tie you took the velúc1e back from Cogg's?
(9) A: Not to my knowledge.

(S) Q: So did you revew, say, in product literature
(9) tht - any sort of - did you ask the dealerslúp or did the

(10) There is another bangig noise, but tht's the (II) one that has to do with the interior - someplace in the
(12) front frame of the velúc1e. There's somethg loose that (13) it bangs.And there - it's - it's rigt in the front

(10) dealerslúp give you any sort of inormation whie you were

(II) going around lookig at dierent motor homes, any particular
(12) brochure or advertisement on a particular manufactuer's
(13) chassis?

(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

(14) A: Not that 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) you were - when you went to - when you were doing your
(IS) reseach to tr to figue out what kid of motor home or RV
(19) to purchse, what tyes of

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

(IS) Q: When you went to the dealerslúp, you were askig
(19j around for various - you stated that the - that the

motor homes you were - you

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

(20) dealerslúp showed you dierent thgs around and they let
(21) you inspect dierent thgs.

(21) Gulf Stream, I th a couple other ones - did you just look (22) at those particular 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 -

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

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

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Lae ~nnett
September 14, 2004
Page 133

Sennett v.
Fleetwood Motor Homes of t:

(1) what he knew,
(2) Q: Well, when you were dealg with Don Lynch or Hank

Page 135

(I) 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

£? refuse anytg. They gave the answers that they are

(5) you tr to look up what's wrong. (6) Q: Have you ever seen - I've got a couple of pages
£? flagged in here. But have you ever seen ths particular set

(S) 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

(S) of materials before?
(9) A: Possibly.

(II) answer anytg. (12) Q: When you went in and asked - when they - when you
(131 were discussing with them, how did they describe - did they

(10) Q: Okay. Ths would probably - ths is part of a
(II) Work - ths is part of a Workhorse owner's manual. The
(12j sections that I'm referring to are sections 7 of the
(13) Workhorse owner's maual that conta the warranty

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

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

(16) or did they describe it as a Fleetwood with a particular

(17) model chassis tht you were purchasing? Or did you ever ask
(IS) those kids of questions at the dealership?
(19) MR. AMAR: Objection. Vague.

(16) Q: Have you ever - have - in the materias, have you
(17) found a Workhorse owner's maual?
(IS) A: Yes, i - yes.

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

Then have you - have you ever taken a look (19) Q: Okay. (20) at the rear of the maual to read the Workhorse warraty?
(21) A: Well, i - when these problems occurred so quickly

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

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

(23) 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.
(2j Q: Well, for instace, when you purchase a - when you

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

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

(3) purchase a vehicle or any vehicle, for instace, do you

(4) normaly - do you normaly assume tht,1et's say, oil
(5) chaes would be covered under a warraty?
(6) A: Excuse me. That depends. I -

£? THE WITNESS: I don't reca anytg lie
(S) tht.

£? Q: Well, for instace(S) A: It depends on (9) Q: I guess let me claif my question.
(10) I'm not sayig lie if you buy

(9)

BY MR. WILLIAMS:

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

a separate

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

(15) various owner's mauals?
(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:
(IS) Q: Or have you - I'm sorry.

(IS) subjective(19)

(19) Have you looked though those various

(20) materials that the - tht the dealership provided you?
(21) MR. AMAR: Objection. Form.

BY MR. WILLIAMS:

(20) Q: Okay.

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

(2) 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 genera terms of the
(25) warranty?

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sennett v.
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Lane Sennet1

September 14, 2004
Page 139

(1) MR. AMAR: Objection. Foundation.

(3) like what the sales guy says.

(2) THE WITNESS: just, you know, they - it's And they give you a bunch of

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

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

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

(4) if the - if the warranty doesn't alow that to be - if
(5) that's somethg Workhorse hasn't promised to do in its
(S) warranty. £? And so let me rephrase the question ths way:
(S) Why do you feel

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

like, for instace, that Workhorse should pay

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

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

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

with

There was, you know,

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

(13) junk and gunk being sucked up apparently though the fuel (14) ta.And it happened with, you know, the very begig.
(IS) 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.

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

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

(IS) 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 trvelig expenses, state

(21) or local taes requied on warranty repais.
(22) MR. AMAR: Objection. Foundation.

(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 flagged
Page 138

(23) THE WITNESS: Wht's the question?

(24) BY MR. WILLIAMS:
(25) Q: Well, my question is, is - you recogne that ths
Page 140

(1) portion where it says maitenace. (2) MR. ROWE: I'm sorry, David. Are you going to (3) have these marked as exhbits?
(4) MR. WILLIAMS: We can add ths to the

(11 is part - ths - these terms are part of the Workhorse
(2) warranty, are they not?
(3) MR. AMAR: Objection. Form.

(5) transcrip t.
(6) MR. ROWE: You might want to distiguish

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

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

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

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

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

We can

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

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

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

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

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

(15) exhbit. But I'm referring to Exbit 322 - I'm sorry (16) 332 where it says - where it outles some thgs; fiters,

(15) Has the vehicle been daged in any of the
(IS) recent local hurricanes in the Sait Augustie area?
(17) A: No.

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

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

(21) MR. AMAR: Objection. Foundation.

(20) A: It - right. There - it's somethg over
(21) 20,000 mies, and it should be indicated in the last
(22) report - repai order that's in the documentation.

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

And then

(24) BY MR. WILLIAMS:
(25)

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

Q: You had testied earlier tht you feel as though

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Sennet v.
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Page 143
(11 A: I don't remember. It's been a whie.

(11 Q: Okay. Let me just ask you one last set of (2) questions on Exbit i 5. I'm referring to the - to the (3) thd page (4) A: Vb-huh.
(5) Q: - where the last paragraph states that you wil
(S) testi as the value - of the value of the subject verucle

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

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

£? was dished by as much as 50 percent or less of the
(S) purchase or lease price.

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

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

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

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

¡II) MR. ROWE: I'm afaid I have just a couple

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

(12) follow-ups based on some thgs tht came up during your (13) testiony to Mr.Wilams.
(14)

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

(15) FURTHEREXAMINATION

(17) what ths verucle is worth - worth in its current condition
(IS1 and tht tht wi be part of what you wil argue as part of

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

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

(19) what you are entitled to recover as dages.

(20) So I'm trg to understad what it is you
(21) wil testi to tht ths verucle 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
(241 don't know if I've got ths down or not, but let's just rut

And tht's the - ths verucle is not properly

(24) constrcted, has a contiued rustory of problems, thgs that
(251 are - it's taen in for repai and they say they're fied,

(25) it real quickly Page 142
Page 144

(1) and I get it back and they're not fied. It's - it's not

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

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

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

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

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

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

£? rughway and you rut a bump, there's somethg in the panel to
(S) the right of the passenger's side that's - that seems to be

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

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

(9) loose because you hear somethg rutt.

(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.

(IS) THE WITNESS: I don't have any knowledge right (17) now tht would be pertient. I told you I haven't seen any
(IS) 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 widsrueld in the strctu frame
(IS1 part.

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

Trimell you're referring to?

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

(21) A: Yes.

(22) Q: Did you personay hie Mr. Trimell
(23) A: Yes.

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

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

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

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