Eric Dane and Rebecca Gayheart are suing Billy Corgan.

The couple are suing for undisclosed damages for nuisance, negligence and injunctive relief from the Smashing Pumpkins rocker, claiming the actress was almost killed by a falling tree from his garden.

In a lawsuit filed in Los Angeles County Superior Court, the pair say the tree crashed through the roof of their Beverly Hills home last December, flooding the house and breaking a power line, with the actress - who was heavily pregnant at the time - having to flee the ''quickly flooding'' home while dodging live wires.

Eric claims he had warned his neighbour about the dangerous eucalyptus trees on his property, but he failed to take action.

However, Billy insists he was warned about the trees and didn't know they posed a threat until it was too late.

He told TMZ.com: ''I was horrified when I learned about the tree falling during what was a massive storm, a storm with winds strong enough to uproot a 50 ft tree by its base! Thankfully no one was injured.''

The 'Tonight, Tonight' hitmaker insists he immediately called an expert to have similarly dangerous trees removed from his garden after the accident.

The rocker says the legal action is ''a shame ... because [Eric and Rebecca] are nice people.''