Lindsay Asks Accuser to Prove That Booze Fueled Crash
What does Raymundo Ortega know that the California Highway Patrol doesn't?
Lindsay Lohan's attorneys want the man suing Lohan for negligence in connection with a two-year-old car accident to either show 'em or fold 'em.
According to court documents filed in Los Angeles Superior Court, Lohan's camp is requesting that a judge order the Los Angeles-based busboy to provide proof that Lohan, contrary to the CHP's report, had been drinking on Oct. 4, 2005, before she smacked into Ortega's van with her Mercedes.
Ortega, who has accused the former child star of knocking a few back at the Ivy before their collision, is seeking at least $200,000 in damages. He filed suit on June 14, also naming the restaurant as a defendant, while Lohan was drying out at the Promises treatment facility in Malibu, her second of three stints in rehab this year.
He maintains that Lohan was not only intoxicated but was also distracted by the shutterbugs trailing her out of the restaurant.
Lohan fired back in a $75,000 countersuit last month, pointing out that the CHP ruled at the time that neither alcohol nor paparazzi factored into the crash and that Ortega was at fault because he was making an illegal U-turn.
The 21-year-old starlet's lawyers also request in their latest filing that the judge conclude that Ortega's allegations are false because the plaintiff has ignored their repeated requests to turn over the documents he claims to have that prove his assertions.
Ortega's lawyer has said that they have witnesses who will support their side of the story.
A hearing on the defense's motion is set for Jan. 9.
Meanwhile, L.A. Superior Court Judge Michael L. Stern ruled Wednesday that Lohan's upcoming deposition in the case can be videotaped, despite her lawyers' objections that doing so could spark a media feeding frenzy if the recording was ever leaked.
"If a single picture of Ms. Lohan can sell for thousands of dollars, a videotape of the deposition will undoubtedly sell for tens of thousands of dollars, or more," attorney David J. Ozeran argued on her behalf.
Of course, it remains to be seen whether a feature-length film starring Lohan will ever again make more than tens of thousands of dollars at the box office. While Georgia Rule and I Know Who Killed Me didn't fill many theaters, Lohan will try to recapture the Mean Girls magic with the upcoming tango-centric romance Dare to Love Me.
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