At the end of the cross of the wife, Bilotti tried to display to the jury picture of plaintiff’s motorcycle on which the gang’s logo could be seen. Then, during her cross of plaintiff, she asked about Plaintiff’s 2003 termination ten different times, and twelve times more when she crossed plaintiff’s wife.īut then she really got going. (Not true, hence the trial.) She also misstated the law of negligence, and-in clear violation of an in limine ruling-told the jury that the state didn’t have enough money to fix the dangerous curb. Bilotti got off to a bad start when she told the jury during opening that CALTRANS is immune from all claims. Before trial, Plaintiff won several motions in limine, ordering CALTRANS to refrain from putting on evidence about motorcycle gangs, their insignia, Plaintiff’s 2003 termination from a job, and the state’s budgetary issues. He sued CALDOT for maintaining a dangerous condition on public property. While riding his bike in a funeral procession through the notorious Orange Crush freeway interchange near Santa Ana, Plaintiff ran over a low curb and wrecked. His motorcycle’s license plate is “THE EVL 1.” (Presumably, Plaintiff is the good one.) His gang’s logo depicts a skull with a mustache wearing sunglasses and a helmet of the Sergeant Shultz variety. Albeit an evangelical Christian one where he is a reverend.
CALTRANS STANDARD FONT CENTURY SCHOOLBOOK TRIAL
The trial court would sustain the objection again. Bilotti would then ask the same question again. The trial court would sustain the objection. An objection from Martinez’s counsel would follow. The question would usually have the effect of gratuitously besmirching the character of plaintiff Donn Martinez.
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Generally, what happened is this: Defendant’s attorney Karen Bilotti would ask a question in clear violation of the trial court’s in limine orders. Justice Bedsworth’s opinion sets it up nicely:
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When it happens, somebody is usually in trouble.ĬALDOT attorney Karen Bilotti is in big trouble. 7, 2015)Įxcept in the part at the beginning or end where counsel are listed, lawyers mostly don’t like to see their names in appellate opinions.