Leonardo DiCaprio Assault Suit Dismissed

09/30/2004 at 08:30 AM EDT

Leonardo DiCaprio Assault Suit Dismissed
Leonardo DiCaprio
Alex Berliner/Berliner Studio/ BEImages
A Manhattan judge tossed out a $45 million lawsuit on Wednesday that had targeted Leonardo DiCaprio and two other men for their alleged roles in a street fight over Showgirls actress Elizabeth Berkley.

DiCaprio, 29, and the others were sued by onetime Porky's actor Roger Wilson, 44, who claimed the Gangs of New York star encouraged his friends to attack him outside the midtown Manhattan restaurant Asia de Cuba in the early hours of May 4, 1998, say news reports. Wilson claimed that DiCaprio ordered his pals to "go kick his a--."

In his legal papers, Wilson, who is now a singer-songwriter, claimed that a member of DiCaprio's "posse" punched him when he confronted them about repeated phone calls to Berkley, his then-girlfriend.

Judge Paula Omansky said the lawsuit could proceed against a fourth man, Todd Healy, who admitted to hitting Wilson, though Healy claimed the move was in self-defense when he thought he saw Wilson reaching for something, possibly a weapon, reports the Associated Press.

Healy's attorney, Timothy Sullivan, tells the New York Post, "Mr. Wilson was the aggressor, not my client."

In dismissing the action against DiCaprio, the jurist said Healy never heard the leading man's alleged remark, and therefore could not have been incited by it.

A statement from DiCaprio's publicist said he is "grateful that the judicial system has finally resolved this case in a fair and just manner."

There has been no statement from Wilson.

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