Lindsay Lohan is taking a stand and plans to bring a defamation lawsuit against the Manhattan cook who said she smelled like alcohol when she struck him with her Porsche SUV.
Last week, restaurant worker Jose Rodriguez, 34, alleged that Lohan was driving "real quick" and struck him in an alleyway in Chelsea. Rodriguez says that after being hit, Lohan smelled of alcohol and was slurring her words.
He also claimed he was in great pain after the incident. However, video evidence and the police report do not support Rodriguez's version of the events, reports the New York Daily News.
Lindsay Lohan says Jose Rodriguez is just trying to capitalize on her image as a troubled actress. She plans to take a stand against the alleged slander of her name.
Lohan, of course, is no stranger to law enforcement. The "Mean Girls" actress has been in plenty of legal trouble before, including charges that she lied to a police officer following a car accident and a host of unrelated legal problems.
Due to these past problems, Lohan claims that people are now trying to cash in on her infamy, reports the Daily News. Anyone "lucky" enough to get hit by Lohan's car could presumably bring a lawsuit with baseless allegations that the actress was drunk or driving dangerously -- exactly what Rodriguez is doing, Lohan insists.
With a potential defamation lawsuit, Lohan could punish Rodriguez for smearing her name and also dissuade similar copycats. However, truth is a defense to any defamation claim, so Lohan had better be careful that her version of the events is true.
If and when her lawsuit is filed, Lohan will have to show that Rodriguez made the untrue and harmful statement, that the statement was communicated to others, and that Rodriguez acted carelessly in making the statement. Because Lohan is a public figure, she will also have to prove malice -- that Rodriguez knew his allegedly defamatory statements were false.
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- Lindsay Lohan's Alleged Lies to Police May Violate Probation (FindLaw's Celebrity Justice)