Leo's Court Shot Hits the Rim

Judge dismisses part of actor's countersuit against contractor he alleges is responsible for damage to neighbor's property

By Natalie Finn Apr 24, 2008 10:04 PMTags
Leonardo DiCaprioAsh Knotek/ZUMAPress.com
Leonardo DiCaprio won't be able to split this bill—if, in fact, he ends up being billed.

A judge dismissed part of the actor's pending lawsuit against a contractor who built a retaining wall for his Hollywood Hills neighbor, whom DiCaprio is trying to hold at least partly liable for damage to their respective properties.

Los Angeles Superior Court Judge Tricia Ann Bigelow officially ruled yesterday that Exterior and Garden Designs by David Jones could not be sued for contribution, meaning the company will not have to share in the cost of any judgment if DiCaprio is found to be at fault.

His neighbors, the Linclaus, sued the Titanic star last year for at least $250,000 in damages, claiming a basketball court he had installed on the property (which he leases from a cousin who's the legal owner of the property) in 2004 undermined their slope and the foundation underneath their pool.

DiCaprio countersued in January, maintaining it was their contractor who fouled up the land. That portion of his lawsuit is still intact, and the entire case—including all countercomplaints—is scheduled to go to trial July 21.