Wednesday September 29 5:55 PM ET
A lawsuit targeting "Titanic" star Leonardo DiCaprio and two other men for their alleged roles in a street fight over "Showgirls" actress Elizabeth Berkley was thrown out by a judge Wednesday. DiCaprio, 29, and others were sued for $45 million by Roger Wilson, 44, who claimed DiCaprio encouraged his friends to attack him outside a restaurant on Manhattan's Upper East Side in the early hours of May 4, 1998.
Wilson, an actor who appeared in two of the "Porky's" movies, said one of DiCaprio's "posse" punched him when he confronted them about repeated telephone calls to Berkley, his girlfriend.
Judge Paula Omansky said the lawsuit could proceed against a fourth man, Todd Healy, who admitted he hit Wilson. Healy said he punched Wilson in self-defense when he thought he saw him reaching for something, possibly a weapon.
The judge also dropped the cases against Ferguson and another DiCaprio acquaintance, Kevin Connelly. Police investigated Wilson's complaint that he had been assaulted by Healy, but no charges were filed.
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