The Case of Lindsay Lohan and the Wine Bottle: Don’t Believe Your Eyes…

Jeremy Blacklow

Lindsay Lohan has not fallen off the wagon.

Got that? To mix our metaphors: She is Not. Back. On. Da Booze Train. So, about this new photo that's making the rounds, which seems to depict her reaching for a bottle of wine…

It's an optical illusion. Just ask her rep, who insists that Lindsay "was actually reaching for her purse and cell phone on the same countertop, and the photo angle was set up to make it look like she was grabbing the wine bottle instead."

[RELATED: More Photos of Lindsay Courtesy of X17online]

However, Wednesday must have been slightly rough, as the (still) sober actress was hit with a negligence lawsuit stemming from a car accident in 2012. It's the same incident for which she previously faced criminal charges, leading to a plea deal that ended with her spending 90 days in rehab this past summer.

In new paperwork obtained by omg!, James Johnson claims personal injury action against "The Canyons" star for the incident that took place on June 8 , 2012. The plaintiff claims that Lindsay rear-ended him on the Pacific Coast Highway in Santa Monica when she was traveling in her black Porsche in excess of 60 miles per hour.

He also claims that "at the scene of the collision both a bag of pills and a water bottle smelling of alcohol were found," and that he believes "and thereon allege[s] … [that] Lohan had been driving while under the influence of alcohol and/or drugs" at the time of the incident. (The police report indicated that officers determined neither Lindsay nor the man in the car with her was impaired).

Johnson claims he's suffering from "great physical, mental, and nervous pain and suffering," and he's asking for a trial by jury. He hopes to collect general and special damages, punitive damages, attorney fees, all statutorily allowed damages, and interest.

No immediate word from Lohan's attorney, Shawn Holley, on the lawsuit.