Lindsay Lohan Fights Lawsuit

Thursday, September 06, 2007

Lindsay Lohan is back in the news, this time it’s to fight the lawsuit stemming from her 2005 car crash.

Raymundo Ortega, the other driver in the crash claimed Lohan was drunk when she hit his van and instituted legal proceedings against Lohan and the Ivy, a West Hollywood watering hole for at least $200,000 in damages June 14.

Lindsay Lohan, according to Ortega, got drunk during lunch at the Ivy and when she got into her car, she was looking over her shoulder while recklessly barreling north on Robertson Blvd. when she smashed into his car with her Mercedes.

Lohan’s lawyer, Alfred Gerisch called Ortega’s claim “nothing but inflammatory statements and is an attempt to embarrass [Lohan] with false allegations to use it as a battering ram to force a settlement.”

Gerisch referred to the original police report in his attempt to dismiss all or part of the lawsuit. The report states that alcohol was not a factor in the crash and Ortega was at fault for hooking an illegal U-turn in front of Lohan.

Ortega’s lawyer, Robert Klein criticized Gerisch for using the police report because, according to Klein, the report should be considered hearsay.  Klein states that he has witnesses ready to testify against Lohan that she was speeding and was served alcohol before the incident.

Klein also spoke to the judge in the case to take note of Lohan’s behavior shortly after the incident when she went into rehab and to take note of the media buzz surrounding Lohan and her DUI and behavior woes. Lohan is in her third rehab stint.  Klein believes the fact that Lohan did enter rehab raised the presumption that she was under the influence.

A hearing on Lindsay Lohan’s motion to dismiss is scheduled for September 11.

Well, if all else fails, let’s not go with fact, lets go with assumptions.

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