Judge won't dismiss Lohan lawsuit

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A judge Tuesday refused to dismiss portions of a lawsuit against Lindsay Lohan over an October 2005 accident in which her Mercedes-Benz collided with a van.

Superior Court Judge Michael Stern rejected a motion that argued the lawsuit lacked legal sufficiency. He set an April 7 trial date.

The California Highway Patrol concluded that Raymundo Ortega, a busboy, caused the accident by making an illegal U-turn but he sued Lohan and is seeking at least $200,000 in damages.

Ortega was knocked out in the crash, said his attorney, Robert Klein.

Lohan and a female passenger suffered minor injuries.

Ortega's suit contends that Lohan was fleeing paparazzi and was under the influence of alcohol at the time of the crash.

"This case is about responsibility and she's not taking responsibility," Klein said outside court.

Lohan's attorney, David Ozeran, said outside court that there was no evidence that Lohan was intoxicated.

Last month, Lohan agreed to spend a day in jail and complete a drug treatment after pleading guilty or no contest to misdemeanor drunken driving and cocaine charges stemming from arrests earlier this year in Beverly Hills and Santa Monica.
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