The court declined to dismiss portions of a lawsuit against the 21-year-old actress Lindsay Lohan over an October 2005 accident in which her Mercedes-Benz collided with a van.
Superior Court Judge Michael L. Stern discarded a motion that disputed the lawsuit lacked legal capability, and set April 7 for the trial.
The California Highway Patrol concluded that Raymundo Ortega, a busboy, root of the accident by making an illegal U-turn, but he charged Lindsay Lohan and is seeking at least $200,000 in damages.
Ortega was knocked out in the crash, said his attorney, Robert G. Klein.
Lindsay Lohan and a female passenger sustained minor injuries.
Ortega's suit asserts that Lindsay Lohan was fleeing paparazzi and was under the power of alcohol at the time of the collission.
“This case is about responsibility and she's not taking responsibility,” Klein said outside court.
Lindsay Lohan's attorney, David J. Ozeran, said outside court that there was no proof that Lindsay Lohan was drunk.
Last month, Lindsay Lohan approved to spend a day in jail and complete a drug healing program after pleading guilty or no contest to offense drunken driving and cocaine charges stemming from arrests earlier this year in Beverly Hills and Santa Monica.
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