Just Her Luck! Busboy's Driving Case Against Lindsay Lohan Dwindles

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Just Her Luck! Busboy's Driving Case Against Lindsay Lohan Dwindles

Wed Jan 30, 2008 @ 12:51PM PST

Posted by Matthew Heller

Lohan A busboy's reckless driving suit against Lindsay Lohan could be settled before the troubled star even has to give a deposition, according to the plaintiff's attorney.

In November, Lohan suffered a setback when a Los Angeles judge ruled that Raymundo Ortega could videotape her deposition as part of his suit alleging she drove her Mercedes-Benz into his van while intoxicated after drinking with friends at a Hollywood hangout. But Superior Court Judge Michael L. Stern reversed himself after an appeals court ordered him to explain why the videotaping was necessary. And now Ortega attorney Robert G. Klein of Los Angeles tell us that "We're trying to get the case settled."

Klein explained over the phone that the potential damages from the case have significantly declined since two employees of the Ivy submitted affidavits in December stating that they did not see Lohan drink an Ivy Gimlet or any other alcoholic beverage before her collision with Ortega. "The evidence we have is not sufficient to prove" she was intoxicated, he said.

Without a claim for punitive damages, Klein said, Ortega has only a "run-of the mill" auto accident case worth a maximum of about $25,000.

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