Lindsay Lohan may have been guilty of drinking and driving from time to time, but Oct. 4, 2005, was not one of those occasions.
In a court declaration dated Dec. 15, the actress claims she was not under the influence of alcohol, drugs or prescription medication at the time of her October 2005 collision with busboy Raymundo Ortega.
Ortega sued Lohan for negligence in June, claiming she had been enjoying a boozy lunch at the Ivy shortly before crashing her Mercedes-Benz into his van, allegedly as she attempted to flee paparazzi. He is seeking at least $200,000 in damages.
The restaurant is also named as a defendant in the suit for allegedly serving alcohol to Lohan, who was only 19 at the time of the accident.
Lohan's declaration and other documents were filed Friday in connection with a motion by lawyers for the Ivy to have the trendy eatery dismissed as a defendant.
According to her sworn statement, contained in court documents obtained Wednesday, Lohan did not consume any alcohol either at the lunch or before arriving at the restaurant.
"I did not consume an alcoholic beverage or any type of medication or drug in the hours prior to my arrival at the Ivy,'' Lohan states in the declaration. "Additionally, at no time between my arrival at the Ivy and the subject automobile accident did I consume an alcoholic beverage, medication or other drug.''
A copy of Lohan's receipt for the $308 lunch was also filed with Los Angeles Superior Court Judge Michael L. Stern, showing she and her four dining companions consumed black-pepper shrimp, swordfish, entrée and appetizer salads, artichoke, onion rings, a crab-cakes appetizer and hot asparagus.
Their bar tab included four Ivy gimlets (the restaurant's signature cocktail), diet sodas, cranberry juice, ginger ale, espresso and cappuccino.
To back up Lohan's statement, lawyers for the Ivy also submitted part of a deposition of her server from that day, Adam Novicki, who maintained the actress was served no alcohol, nor did she try to order any.
"I know for a fact Miss Lohan did not order an Ivy gimlet," Novicki said.
He said he carded all the women in the party and was aware that Lohan was underage. Novicki also said that at no time during the 90-minute period he waited on the actress' table did she show any signs of intoxication.
While Lohan may not have consumed any alcohol over lunch, Novicki did recall serving the actress the crab cakes and black-pepper shrimp.
Alonzo Howell, a Los Angeles police officer who was working security at the Ivy that day, also gave a declaration stating he believed Lohan was sober during her visit to the restaurant.
"She appeared coherent, spoke without slurring words, was steady on her feet, walked without staggering, maintained her complete balance, and her eyes were not bloodshot," Howell stated.
A hearing on the Ivy's motion to be dismissed from Ortega's lawsuit is set for Mar. 21.
Lohan countersued Ortega in October, seeking more than $75,000 in damages for the repair of her Mercedes-Benz and the cost of renting other vehicles.
In her court documents, her lawyers cite the California Highway Patrol's report on the incident, which found that Ortega was at fault in the crash for making an illegal U-turn in front of the actress' car.
Police also found no sign that Lohan had been drinking before the collision.
Rating: 5
It's nice to see Lindsay in another color other than her favorite black. She's fabulous from head to toe! I love what she's wearing!
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