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Ortega was knocked out in the crash, said his attorney, Robert G. Klein.Lohan and a female passenger sustained 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 J. 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 program 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.