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LiLo's Lawyer Rams Back in Crash Suit
Lindsay Lohan's life may have spun out of control in recent months, but she was toeing the line on Oct. 4, 2005, according to her attorney.
In a 10-page brief filed Friday in support of the actress' move to dismiss all or part of a negligence suit leveled against her stemming from a 2005 car crash, attorney Alfred Gerisch called Raymundo Ortega's claim that Lohan was drunk when she hit his van nothing but "a battering ram to force a settlement."
Ortega sued Lohan and West Hollywood hotspot the Ivy on June 14 for at least $200,000 in damages, alleging in his complaint that the Georgia Rule star got tipsy during lunch at the celebrity watering hole and then, as she was looking over her shoulder and recklessly barreling north on Robertson Blvd., smashed into his vehicle with her Mercedes.
"These are nothing but inflammatory statements," Gerisch's brief states. "The mere presence of this type of allegation in the complaint is an attempt to embarrass [Lohan] with false allegations in order to use it as a battering ram to force a settlement."
Once again, Gerisch cites the Los Angeles County Sheriff's Department's report on the incident, which states that alcohol was not a factor in the crash and that Ortega was at fault for hooking an illegal U-turn right in front of Lohan, who was referred to as an "innocent victim" at the time.
Ortega's attorney, Robert G. Klein, has criticized Gerisch for using the police report as so-called evidence, calling the document hearsay. Klein stated in a recent court filing that he has witnesses who will testify that Lohan was speeding and was served alcohol "shortly before the accident."
Speaking of third-party opinions, Klein has also stated that the judge should take judicial notice of media reports about Lohan's recent DUI-related troubles, including the fact that she's checked into rehab twice this year, both times before she had even reached the legal drinking age.
"The fact that Ms. Lohan was admitted to rehab for alcohol abuse shortly after this accident raised a presumption that at the time of his accident she was under the influence," Klein's filing reads.
The lawyer claims that Ortega was trying to maneuver across Robertson into a parking spot on the opposite side of the street when Lohan came along and hit the bus boy's van, which in turn hit another van parked along the side of the road.
"Instead of seeing if Mr. Ortega needed medical assistance, Lindsay Lohan fled the scene and took refuge in a retail store," Klein stated.
Lohan and her passenger did wait it out in a nearby boutique before the authorities arrived and then were taken to nearby Cedars-Sinai Medical Center to be treated for minor injuries, according to police.
A hearing on Lohan's motions is scheduled for Tuesday. Gerisch succeeded in getting the original jurist assigned to the case, L.A. Superior Court Judge Soussan G. Brugera, removed from the proceedings, alleging that his client wouldn't be able to receive a fair trial. Instead, Judge Michael L. Stern will preside.
Lohan, who's currently detoxing for a third time in Utah, was sentenced Aug. 23 to a day in county jail, three years' probation and 10 days of community service and ordered to complete an 18-month alcohol-education program and drug treatment after cutting a deal on five misdemeanor DUI and drug charges.
She pleaded guilty to two counts of being under the influence of cocaine and no contest to two counts of driving with a blood-alcohol level over 0.08 percent and a single count of reckless driving, all stemming from two separate booze-fueled busts in May and July.
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