Busboy says he has proof Lindsay Lohan was drinking before crash

Court papers allege the busboy who sued Lindsay Lohan has proof the actress had been drinking before she collided with his van in October 2005.

Raymundo Ortega contends that Lohan drove her Mercedes-Benz into a van he was driving after she drank alcohol and later tried to escape paparazzi. He is seeking $200,000 in damages.

The actress has countersued, saying the California Highway Patrol concluded that Ortega caused the crash by making an illegal U-turn in Beverly Hills.

Lohan's lawyers were scheduled to ask a judge in January to compel Ortega to prove the actress was drunk. Instead they filed to cancel the Los Angeles Superior Court hearing, saying Ortega provided responses to their discovery request.

Lohan was 19 at the time of the crash and recently spent more than a month at a drug and alcohol treatment program in Utah, her third visit to rehab this year.

She served 84 minutes in jail on Nov. 15 as part of a plea deal on misdemeanour drunken driving and cocaine possession charges stemming from two arrests that were unrelated to the crash that prompted the lawsuit.

Last week, the celebrity gossip site TMZ.com published what it said was a receipt showing what Lohan and four friends ordered at the Ivy restaurant the afternoon of the crash. The bill includes four Ivy Gimlets, a vodka drink.