Judge rules that DiCaprio cannot be sued for assault
By Associated Press, 12/10/99 19:39
NEW YORK (AP) A Manhattan judge has ruled that ''Titanic'' actor Leonardo DiCaprio cannot be sued for assault by a man who was beaten in a fight over actress Elizabeth Berkley outside a Manhattan restaurant.
Roger Wilson, 41, had alleged in his $45 million lawsuit against DiCaprio that because the film star encouraged his friends to attack him, DiCaprio had ''acted in concert'' with them in the assault.
In a decision filed Friday, State Supreme Court Justice Paula Omansky threw out the assault and several other charges in Wilson's lawsuit. She said Wilson had not shown that DiCaprio, 25, helped plan or specifically asked the others to assault him.
However, the judge said Wilson could proceed against DiCaprio on the theory that his words led to the attack. Omansky said it is unclear whether that is true, but Wilson's version of the facts allow that conclusion.
Wilson, an actor who appeared in two of the ''Porky's'' movies, says in court papers he was attacked outside the Asia de Cuba restaurant in Morgan's Hotel on Madison Avenue on March 4, 1998.
Wilson says he went to the eatery to confront DiCaprio and his friend, actor Jay Ferguson, to tell them to stop trying to date Berkley, a star of the movie ''Showgirls'' and his live-in girlfriend at the time.
Ferguson stated that it was he who was telephoning and asking Berkley out, court papers say. They say he invited Wilson outside, and DiCaprio, who ''had been drinking heavily,'' shouted, `We'll go kick his (expletive).'''
Outside, DiCaprio's group of eight surrounded Wilson and called him names that disparaged his masculinity, court papers say. Suddenly, an unidentified man blind-sided him with a blow to the throat.
''The blow landed on Wilson's Adam's apple, instantly and severely damaging Wilson's larynx and other internal organs,'' court papers say. He doubled over in pain and had trouble breathing as his throat began to swell.
Wilson's lawyer, Paul Licalsi, said his client was hit only once because other members of the group pulled the attacker away. Licalsi said Wilson does not know the actual assailant, and no one was arrested.
DiCaprio's lawyer, Paul Callan, issued a statement that said, ''We are pleased that Justice Omansky has decided to dismiss most of the claims against Mr. DiCaprio in this lawsuit.''
''All of the claims against Mr. DiCaprio are false and we remain confident that the case against him will ultimately be dismissed by the court,'' Callan said.
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