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Mr . CRAIG . Why did Honda ask for a retrial in this instance ? Mr . TIMOTHY SCANLON . Its basis for a new trial ? Mr . CRAIG . Yes .

Mr . TIMOTHY SCANLON . There were several things , some of which were boilerplate relating to rulings that had been made during the trial . The principal thing that was argued was that there had been some discussion between two alternate jurors , some contact be tween two alternate jurors that had been discharged at the conclu sion of the evidence and the seated jurors . In fact , they had had lunch together after they had been deliberating about an hour . And that matter was brought to the court ' s attention after the ver dict was rendered , supported by affidavits , and the request was summarily overruled .

Mr . CRAIG . And that was the only basis for the request ? Mr . TIMOTHY SCAN

: TIMOTHY SCANLON . That was the primary basis , Mr . Craig . There were others , but that was the primary one that was argued . Mr . CRAIG . Thank you very much , Mr . Scanlon .

Mr . TIMOTHY SCANLON . Mr . Craig , may I offer one thing on this subject of alcohol that you have discussed ?

Mr . CRAIG . Surely .

Mr . TIMOTHY SCANLON . No one associated with these cases would deny that alcohol may play a part . You should keep in mind when you are considering that material two things : First of all , these products are sold primarily for recreational purposes . They are built as vehicles to take hunting and fishing and camping . It is a natural and foreseeable thing that beer is going to be taken along .

And the second thing that I think you should consider is that you can walk into any Honda dealership in this country and order an option made by the after - market called a 6 - packer or , if you want , a 12 - packer , made for attachment to the Honda three - wheel vehicles . You can order this through any Honda dealer . To me , the words , 6 - pack and 12 - pack , have really only one connotation .

Mr . CRAIG . Well , Mr . Scanlon , with that statement , would you not also agree that a person who is intoxicated while riding one of these vehicles has inhibited , by the action of drinking , his or her ability to respond under the certain conditions that they may be putting the vehicle ?

Mr . TIMOTHY SCANLON . Mr . Craig , that question has its own answer obviously .

Mr . CRAIG . Of course it has . Mr . TIMOTHY SCANLON . Certainly .

Mr . CRAIG . Is it not also true that in four - wheel - drive rigs , that we call them , across the country , be they Scouts , be they Broncos , or whatever , that you can also buy a cooler unit to put a six - pack of beer into that is mounted in the console of the vehicle ?

Mr . TIMOTHY SCANLON . But you have got to remember that these - , Mr . CRAIG . No , answer my question . Mr . TIMOTHY SCANLON . Well , certainly .

Mr . CRAIG . Now , is it not also against the law to drive while drinking and / or intoxicated in most Štates ?

Mr . TIMOTHY SCANLON . Surely . Mr . CRAIG . OK , thank you .