Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT 1

Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 1 of 13

Wiliam Trimmell

April 21, 2006
Mize v. Winnebago

1
2
3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

4

LARRY & BETTY MI ZE ,
5

)

Plaintiffs,
6

) )

vs.
7
8

)

) NO.1: 05 - cv - 1513

) GET
) )

WINNEBAGO INDUSTRIES, INC. AND WORKHORSE CUSTOM CHASSIS, LLC

) Judge Tidwell
) )

9

Defendants.

10 11 12
TELEPHONIC DEPOSITION OF WILLIAM TRIMMELL
13 14

15 16 17 18 19 20 21 22

Phoenix, Arizona April 21, 2006 10:02 a.m.

Prepared for:
23 24 25

Prepared By:
LI SA J. ANDERSON, RPR Certified Reporter Certificate Number 50079
! ,

DISTRICT COURT

CANON STATE REPORTING, LTD. 3300 N. Central, Suite 2380
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Canyon State Reporting, Ltd.

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Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 2 of 13

Willam Trimmell

April 21, 2006
Mize v. Winnebago

Page 122

1

A.
Q.

Timco was my own company, sir.

2
3

Okay.

Well, you were the owner/operator from

1982 to 1986 ¡correct?

4 5
6 7
8

A.
Q.

Yes, sir.
What were you doing between 1976 and 1982?

A.

Well, that i s when I had my truck.

In fact, I

had two trucks during that period.
Q.

Why isn't that listed on your resume?
Gee, I don't know.

9

A.

I mean, I really - - I
It's the first time it iS Shoot me.

10
11
12
13 14

evidently have spaced it out.

ever been brought to my attention.

I don i t

know what to say here why that's left out.
Q.
What i s your middle initial, Mr. Trimmell?
M.

A.
Q.

15
16

M as in Mary?

A.
Q.

Yep.

17
18

What i s your middl e name?
Montgomery.
Were you living in Illinois between 1976 and

A.
Q.

19 20

1982?
A.
Q.

21
22
23

Illinois and Missouri.

Have you ever been convicted of a crime,

Mr. Trimmell?

24

A.
Q.

Yes, sir.

25

When was that?
i

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Case 2:04-cv-00161-ROS

Document 214-2

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Page 3 of 13

WilHam Trimmell
Mlze v. Winnebago

April 21, 2006

1 2
3

A.

I don i t know the exact date.
MR. GUN:
Over ten years ago.

Page 123

BY MR. LEFKOW:

4 5
6 7 8 9

Q.

What year?
It's been well over 20 years ago.

A.
Q.

What crime were you convicted of?
Illegal use of a credit device.

A.
Q.

What was the nature of that crime?
It was a credit card fraud deal.

A.
Q.

10 11
12
13

And how did you get convicted of credit card
What did you do that caused you to be convicted of

fraud?

credit card fraud?

MR. GUN:

All obj ections are reserved,

14 15 16

including the inadmissibility of conduct over ten years

old.
MR. LEFKOW:
THE WITNESS:
a credi t card.

Thank you, Mr. Gunn.

17
18

It was purchasing truck fuel with

19

BY MR. LEFKOW:
Q.
That doesn i t really explain anything to me.

20 21
22
23

A.

That explains as much as I i m going to go into
Are you refusing to answer my question,

over a matter that's almost .30 years old.

Q.

24

Mr. Trimmell?

25

A.

No.
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Canyon State Reporting, Ltd.
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Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 4 of 13

Willam Trimmell

April 21, 2006
Mlze v. Wlnnebago

Page 124 .
1 2
3

Q.

Okay.

So you presented a credit card of

somebody else i is that correct?

A.
Q.

Yes.
For payment of one of your own debts?

4
5
6

A.
Q.

Yes.
Have you done that since --

7
8

A.
Q.

No, sir.
- - your conviction?

9

A.
Q.

No, sir.
And how long - - or what was your sentence as a

10
11 12
13

result of that conviction?
THE WITNESS:

Do I have to keep answering these?

MR. GUN:

Yeah, you do.
Oh, okay.

He can i t use them, but
What was the question,

14

you can.
THE WITNESS:

15 16 17
18

again?
BY MR. LEFKOW:
Q.

What was your sentence?
I don't remember.

19

A.
Q.

20

Did you spend time in jail?
I did,

21
22
23

A.
Q.

sir.
I don i t remember.
í

Was it over a year that you spent in jail?

A.
Q.

Probably.

24

Was it over two years that you spent in jail?
I don i t remember the exact time, no, sir.
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Canyon State Reporting, Ltd.
602.277 .8882

602.277.5576 (Fax)

Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 5 of 13

Willam Trimmell

April 21,2006
Mize v. Winnebago

Page 125 r

1
2
3

Q.

Was it under ten years that you spent in jail?

A.
Q.

Yes, sir.
Was it under five years that you spent in jail?

4 5
6

A.
Q.

Yes, sir.
Have you been convicted of any other crimes?

A.
Q.

No, sir.
Have you ever been convicted of drunken driving?

7
8

A.
Q.

No, sir.
Does the name John Thomas Conner ring a bell?
It does, sir.
I:

9

10 11
12

A.
Q.

Who is John Thomas Conner?

I:

A.

That was the victim of an accident that I was

13
14

invol ved in.
Q.

And you were sued in that accident for drunk

15 16

driving; correct?

A.
Q.

I was.

And found not guilty.

17
18

You were held liable.

A jury returned a verdict

against you in the amount of $18,000; isn i t that correct?
A.
I believe you are talking about a civil case.

19 20

It doesn i t have anything to do with the criminal case.
Q.

21 22
23 24

You were held liable to the estate of Mr. Conner
to !

in the amount of $18,000i correct?
j

MR. GUN:

Counselor, would you please explain

I
~

the relevancy of this line of questioning?
MR. LEFKOW:
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25
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Relevancy is not the standard.
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Canyon State Reporting, Ltd.
602.277 .8882

602.277.5576 (Fax)

Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 6 of 13

Willam Trimmell

April 21, 2006
Mize v. Winnebago
I'

Page 126

1 2 3 4 5
6

I have reason to believe that --

MR. GUN:

Yes, but I mean your questions are

approaching harassment because you cannot justifiably
continue this line of questioning with the answers you i ve

received .

So since you cannot admit it and since it

cannot lead to admissible evidence, at this point in time
it does sound like you are going into harassment, sir.
MR. LEFKOW:

7 8 9

Ilm not trying to harass this

witness.

If Mr. Trimmell is not being truthful with me
I.

10 11
12 13 14

concerning his arrest history, I may be able to explore
that at trial, I don i t know.

I' m not going to report to

know what a judge's ruling on admissibility of evidence

is.
MR. GUN:
With all due respect, sir, you do

15
16

know that the rule does not allow any kind of conduct

normally and no conduct, even for what would normally be

17
18

allowed, over ten years.

So even to bring it up or

attempt to make it, sir, I do believe would be a Rule 11

19

violation. So I i m advising you to quit going on with this
line of questioning.
MR. LEFKOW:

20 21
22
23

If Mr. Trimmell is lying to me

today about it, then I have a right to explore it.

MR. GUN:
their conduct.

Sir, you cannot set a person up on

24

You cannot get their conduct in through
I am advising you to cease this line of
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the back door.

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Canyon State Reporting, Ltd.

602.277.8882

602.277.5576 (Fax)

Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 7 of 13

Wiliam Trimmell

April 21, 2006
Mize v. Winnebago

1 2
3

questioning.

Page 127 ,

You do not have a good-faith basis.

MR. LEFKOW:

I am going to let some of the other

folks ask some questions, if they have any, and then I'll
finish up with brief recross, if necessary.

4
5
6

But I am

going to review my notes while other folks ask whatever

questions they want to ask.

7 8
9

EXAMINATION
BY MR. MOESER:
Q.

10

Mr. Trimmell, this is Jeremy Moeser.

I

11
12 13 14 15 16

represent Workhorse Custom Chassis.
follow-up questions for you.

And I've got a few

I i 11 try not to take too

long. I covered.

think a lot of this stuff has already been

Let me follow up a little bit with you, though,

please, sir, regarding your background.

I was not

17
18

involved in the other depositions that Mr. Lefkow
discussed, and I just would like to get a better idea of

19

what your prior experience is.
MR. GUN:
Mr. Moeser, before you go on, I would
There is a motion to
like to get something on the record.

20

21
22
23

strike all testimony involving criminal, civil or any kind

of other acti vi ty that Mr. Lefkow went into involving
Mr. Trimmell.

24

I want to make sure that is clearly on the

25
~""...'~..."A..

record that that motion to strike is still there so it
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Canyon State Reporting, Ltd.

602.277.8882

602.277 .5576 (Fax)

Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 8 of 13

William Trlmmell
Mlze v. Wfnnebago

April 21, 2006

1 2
3

FURTHER EXAMINATION
BY MR. LEFKOW:
Q.

Page 207

Mr. Trimmell, this is Mark Lefkow,

again,

4

representing Winnebago Industries.
a couple questions.

And I want to ask you

5
6 7
8

Have you ever been a party to a

lawsuit?
A.
Q.

Concerning RVs or not?

Have you ever been a party to a lawsuit?

9

A.
Q.

Yes, sir, I have been a party to a lawsuit.
And what lawsuit were you a party to?
I've been a party to several of them.

10 11
12
13

Everyone of these expert reports I i ve done I've been a party to a lawsuit.
A.
Q.

14

Mr. Gunn has testimony which you can read along

15 16

wi th me if you would like.

MR. LEFKOW:

Do you have that in front of the

17
18

witness, Mr. Gunn?

MR. GUN:
BY MR. LEFKOW:
Q.

I believe so, yes.

19

20 21 22
23

I am going to read you my questions to you in

the Monticello case, and I would like you to read your

answers, sir.
lawsui t ? 11
A.
Q.

"Question:

Have you ever been a party to a

What is your answer?
It says,
11 I have, sir. 11

24 25

11 Question:

What kind of case? "

What is your
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Canyon State Reporting, Ltd.

602.277.8882

602.277.5576 (Fax)

Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 9 of 13

William Trimmell
Mize v. Winnebago

April 21, 2006

Page 208 :
1 2
3

answer?
A.
Q.

"RV."

"Question:
"Yes,
sir. "

Just like this kind of case?"

What

4

is your answer?

5
6

A.
Q.

"Question:

So you were the owner of an RV?"

7
8

What is your answer?

A.

"I have owned several RVs, but I have never been

9

invol ved in an RV lawsui t because I was the owner."
Q.

10

"Question:

That i swhat I mean.

Not any cases
What is your

11
12
13

when you were testifying as an expert?"

answer?
A.
"Oh, okay.

No, sir.

I have never been involved

14

in a lawsui t wi th an RV as an owner or in any other than
an RV expert witness."
I~

15
16

Q.

"Question:

Have you ever been a plaintiff or

17
18

defendant in any other lawsuit yourself?"

What was your

answer in the Monticello case?

19 20

A.
Q.

"No, sir."

Is that answer accurate?

21
22 23
24

A.

Well, I believe it depends on what context, but
:1

if you are talking about have I ever been involved in the

J

ownership of an RV and a lawsuit,
Q.

no , sir,

I have not.
¡

"

My question was:

"Have you ever been a
l

25

plaintiff or defendant in any other lawsuit yourself?"
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Canyon State Reporting, Ltd.

602.277.8882

602.277.5576 (Fax)

Case 2:04-cv-00161-ROS

Document 214-2

Filed 09/15/2006

Page 10 of 13

William Trlmmell
Mize v. Winnebago

April 21, 2006

Page 209

1 2 3 4 5 6

you hear the words RV in that question?

A.

No, I didn't, but that i s the context I took it
That's what we were discussing were RV lawsuits.

under.
Q.

Are you saying you misunderstood my question?
If what you are trying to trick me into getting

A.

to say is what you are trying to trick me into, you bet
your boots I am.

7
8
9

Because this is the context we were
You didn i t specify any

speaking in were RV lawsuits.
lawsuit ever in my lifetime.

10

Q.

So I would have had to, for you to answer that

11
12
13

question accurately, asked have you ever been involved in
any lawsuit in your lifetime?

A.

Have I ever been. invol ved in a lawsuit other

14
15

than RVs, then I would have answered that question.
Q.

What i s the answer to that question?
But I took your question as to be the owner of
In other words, I have never sued anyone as the

16

A.
an RV.

17
18

owner of an RV.

That's the way I took the context of your

19 20

question.
Q.

If I am wrong, I stand corrected, but that's

the way I took your question.

21
22 23 24 25

You were not deliberately trying to hide this

estate of John Thomas Conner case?

A.

Sir, at the time you asked me these questions

,.,
~ 1

that would have been probably the farthest thing from my

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mind.

i

I was not trying to hide that lawsuit.
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Canyon State Reporting, Ltd.

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Case 2:04-cv-00161-ROS

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Page 11 of 13

¡

Willam Trimmell

April 21, 2006
Mize v. Winnebago

Page 210

1 2
3

totally even forget about that lawsuit probably until you
just brought it up today.

Q.

You forgot about a 1awsui t in which you were

4
5
6 7 8 9

sued for killing two people on the road?

A.

Sir, I just told you I wasn i t even present at

the time of that lawsuit.

I never appeared in court.

That was a judgment that was ruled down in a court where I
was a resident several states away at the time.
Q.
I

So you just didn i t remember that lawsuit when I
,

10 11 12
13

asked you that question in the Monticello case?

A.

Like I said, I wasn't even thinking about that
I was thinking about RV losses and the things

lawsui t .

that we were doing a deposition about, not anything that

14

15
16

had happened to me 30 some years ago. That's not what was thinking. So you take that for what it i S worth.

I

I had no - - I had no inclination that this was

17
18

where you were going or that these - - I mean, look at the

questions you are asking me.

You are asking me if I was

19

ever the owner of an RV involved in a lawsuit and I

20

answered you under that context and I would stand by my

21
22
23

answer.
Q.

No, I i ve never been involved in a lawsuit, other
So the two reasons you answered my question no

than as an expert witness concerning an RV.

24 25
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were that you thought I was talking about RVs and you
forget about the case where you were accused of -. .,"'" ".., '.y,~~._"f...."",.""'" ,~. ..(r,'M.,~"J!,.)("',(Nlö"".n." "'''''''.''''''.,.,_:.' ,!;" """--",,........,..

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Canyon State Reporting, Ltd.

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602.277.5576 (Fax)

Case 2:04-cv-00161-ROS

Document 214-2

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Page 12 of 13

William Trlmmell
Mize v. Winnebago

April 21, 2006

Page 211 ~

1
2
3

A.

As an owner of an RV.

Have I ever been involved ;

in a lawsuit as an owner of an RV, no, I have not.
Q.

That's not my question, sir.

4

A.

It may not be your question, but I'm telling you

5
6

the context in which I answered you in.
Q.

So one reason was you thought I was talking

7
8

about a lawsuit as an owner of an RV?

A.

And I stated to you that no, I had never been

9

invol ved in a RV lawsuit as an owner.

10 11
12 13 14 15 16

Q.

And the other reason you answered that question

no as to whether you were a plaintiff or defendant in any
other lawsuit was that you forgot about this case where you had a judgment entered against you for driving while
intoxicated and killing two people?

MR. GUN:

Objection; form.

THE WITNESS:

Of which I was never convicted on

17
18

ei ther charge.
questions.

I was found not guilty, sir.
Thank you, sir.

MR. LEFKOW:

No further

19 20

Will that conclude, gentlemen?
MR. MOESER:
MR . COOGAN :

21
22
23

I have no more questions.

I don i t have any ei ther .
Tha t's it.

MR. GUN:

24

THE COURT REPORTER:
MR. COOGAN :
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Would you like a copy?

25

Copy and mini and regular.
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Case 2:04-cv-00161-ROS

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Page 13 of 13