The three guys who were in the car with Lindsay Lohan during her latest bust plan to sue her. (Watch them tell their story at TMZ.COM. )
Can they win, or is this a publicity stunt? And, what can they get?
Access Hollywood has interviewed their attorney, who explains that they are entering into pre-suit mediation before actual lawsuits are filed at the courthouse.
Sure, they sound publicity-hungry. But their lawyer sure sounds confident that he’s got a good case, in lawyer-lingo.
Right out of the gate, he’s listed three causes of action that are being pursued: (1) conversion (LiLo allegedly taking the GMC Denali without permission); (2) false imprisonment (LiLo allegedly not letting the guys out of the vehicle when they asked - excluding Blake, who jumped out); and (3) intentional infliction of emotional distress (LiLo allegedly causing the guys to fear serious injury or death as she allegedly sped along, at high speeds, bumper-car style, obviously under the influence). Note: all the “allegedlys” are there for a reason, nothing’s proven yet…..
All of these are intentional torts — Lindsay Lohan’s intent must be proven — and if they succeed, then these defendants can get punitive (big money) damages, even if they have not suffered any serious, actual harm.
Why? Punitive damages exist for the purpose of punishing the wrongdoer and discouraging others from acting in the same manner in the future. If this case were to get to a jury, punitive damages would be focused upon Lindsay Lohan’s actions - not the minor injuries to the boys.
The right jury could decide to make LiLo an example …..
Whether or not any big dollar judgment could be collected is another story. Given the horrific reviews of Lindsay Lohan’s latest movie, I Know Who Killed Me, settling their claims early may be a really smart move for everyone involved.
I’m predicting a settlement will be announced, details kept confidential as a part of the deal.�