A waiter and a security guard back up the star's claim that she didn't touch alcohol
The injured driver in the other vehicle, Raymundo Ortega, is suing Lohan (who was 19 at the time of the collision) for negligence, the Associated Press reports. He is seeking a minimum of $200,000 in damages from Lohan and The Ivy restaurant, where the meal in question took place.
Ortega, a busboy, alleges Lohan had been consuming alcohol at The Ivy, even though she was underage back then.
Lohan denies his claim. “I did not consume an alcoholic beverage or any type of medication or drug” states her Dec. 15 declaration.
In other Superior Court filings related to the case, Adam Novicki, a waiter who served Lohan on the day of the crash, said the star did not order alcohol. Ivy security officer Alonzo Howell, of the LAPD, also said he did not see Lohan consume alcohol.
Armed with a California Highway Patrol report that blamed Ortega for the crash on the grounds that he made an illegal U-turn, Lohan has countersued the busboy.
On Nov. 15, the actress served 84 minutes behind bars after pleading guilty to misdemeanor drunken driving and cocaine charges unrelated to the 2005 incident.