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Lindsay's Lawyers: No Drinks Means No Case!

1/3/2008 2:00 PM PST BY TMZ STAFF

The man suing Lindsay Lohan over a 2005 car accident claims she was drunk at the time -- but two restaurant employees say that just isn't true -- and Lindsay wants the case dismissed!
Click to read the lawsuit
Raymundo Ortega is suing both Lindsay Lohan and the Ivy (where Lindsay dined that day). Last month, two Ivy employees (her waiter that day and a security guard) submitted declarations stating that LiLo did not drink that day -- and that any drinks ordered and consumed were for other people at her table.

In court papers filed yesterday, Lohan asked the judge to consider those statements in her request for summary judgment in the case -- meaning her lawyers want the judge to throw out the lawsuit even before it gets to a jury. The judge will make that decision on March 21.

13 COMMENTS

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1.

Jizy    

Without a breath or blood test how can you claim someone was drunk?

2455 days ago
2.

duh    

No booze, just coke.

2455 days ago
3.

Stick    

That dude will settle for some speckled trout.

2455 days ago
4.

I am poster 58    

I wonder how much she paid those employees to say that she wasn't drinking.

2455 days ago
5.

George William Gockel    

I will give Lindsay Lohan excellent advice.

2455 days ago
6.

Katee    

Of course they'll say she wasn't drinking. She was under 21 and they would have lost their jobs if they told on management for letting her drink. You're probably right about the coke, too.

2455 days ago
7.

Merry Christmas    

It's a little late to prove it now, isn't it? I am sure the Ivy waiters would never lie for blohan. Unless they were sitting on her lap the whole time, they can't say she didn't drink.

2455 days ago
8.

Seattlelite    

What I don't understand is how this guy can sue her when he made an illegale U-turn! Was the guy cited for that?

2455 days ago
9.

jengirl    

#6 you are right! of course they are going to deny that she was drinking alcohol because she was under age! the ivy wants to avoid any prosecution!

2455 days ago
10.

joe    

WHAT ARE THE ODDS THAT THIS KID WILL MAKE IT TO THE SUMMER WITHOUT BEING BEFORE A JUDGE FOR DRUGS OR DWI ?WHAT ARE THE ODDS HER FATHER WILL MAKE IT THROUGH 2008 WITHOUT A RELAPSE? WHAT ARE THE ODDS LOHANS MOTHER GO THROUGH 2008 WITHOUT USING HER DAUGHTERS FAME FOR HER FORTUNE ? DONT LISTEN TO THE PARENTS SAYING THEY ARE MALIGNIED OR HAVING TO HAVE A THICK SKIN.THEY ARE WHAT THEY ARE.ITS A SHAME . OUT OF SPEARS HILTON AND LOHAN I WAS ROOTING FOR LOHAN TO SHED HER VISES AND REINVENT HERSELF.I STILL AM.

2455 days ago
11.

Ashley    

I wonder if the judge will look into her recent behaviour in Europe with the Champagne bottle "sip". If I was the judge, I would NOT throw this out of court because so-and-so said she didn't drink... I think she did and I also think her little slip up in Europe wasn't the first time either... I am sure she has been "sneaking" a drink here and there where she "thinks" the camera's are off her... keep on the look out LiLo... WE ARE WATCHING!!!

2455 days ago
12.

Esq    

This is an easy one. The judge will have no choice but to deny Lohan’s Motion for Summary Judgment. A Court can only grant summary judgment if there are no issues of material fact. Whether Lohan was drinking is a DISPUTED ISSUE, one which the jury will have to decide. The check from the restaurant shows there were drinks ordered by her table which she may have consumed, even though the Defendants and their agents or representatives say Lohan didn’t drink. This is a fact dispute, not a law dispute, so summary judgment would be improper.

2455 days ago
13.

ELI    

Lindsey Lohand who???????

2455 days ago

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