DOCUMENT: Celebrity

Lindsay Lohan In Tip-sy Denial

Eatery: Tab proves star wasn't drinking before 2005 auto accident

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Lindsay Lohan In Tip-sy Denial

DECEMBER 27--Lindsay Lohan swears she was not drunk when her Mercedes crashed into another vehicle on a Los Angeles street in October 2005, according to a new court filing.

The 21-year-old actress, who has been in and out of rehab, is being sued by Raymundo Ortega, who alleges that Lohan was intoxicated when her vehicle struck his Chevy Astro van on Beverly Boulevard in West Hollywood. Ortega contends that Lohan, 19 at the time, got plastered during a late lunch at The Ivy, the celebrity-infested restaurant that has been named as a co-defendant in Ortega's Los Angeles Superior Court lawsuit.

To support the position that Lohan was sober, the restaurant filed a copy of the $307.89 bill presented to the star and her four lunch companions. The bill, a copy of which you'll find here, indicates that the group consumed four alcoholic drinks (the restaurant's signature $12.75 'Ivy Gimlet') and spread the tab over three credit cards. And they left a measly 13 percent tip.

But in case anyone thought Lohan imbibed that day, The Ivy's lawyers filed a sworn declaration from waiter Adam Novicki, who recalled that she only drank ginger ale. In her declaration, Lohan stated that she was not served booze at The Ivy and had not been drinking or drugging on the day of the accident.

Lohan contends that Ortega, a 42-year-old busboy, was responsible for the crash, pointing to a police accident report that concluded Ortega caused the accident by attempting an 'illegal u-turn.' The report also notes that a cop 'did not observe any objective signs of either alcohol or drug intoxication' when speaking with Lohan and Ortega. (5 pages)