Perry

FACTS

Our review of the facts in this case was hampered by two factors. First, Perry’s counsel omitted a significant portion of the trial record. According to Kia, Perry “designated only half of the transcripts from trial, omitting the entire transcribed testimony of ten witnesses and parts of the testimony of several others.” We have not been given a witness list, so we cannot confirm that exact count, but Perry does not deny it in her reply brief. Moreover, there are large page gaps in the transcript we were given. For example, volume one of the reporter’s transcript skips from page 258 to page 2,259. Second, despite the incomplete record, it remains quite large, with 10 volumes of reporter’s transcript and three volumes of a clerk’s transcript. This becomes problematic because, in the opening brief, Perry’s counsel failed to cite to the trial record when reciting the facts. Counsel cited, instead, to a memorandum of points and authorities from a discovery motion, which is irrelevant and of no help to us. To the extent we could piece together the facts from the trial record, they are as follows. On April 21, 2019, Perry was seated in the front passenger seat of a 2015 1 Kia…