Judge Drops Nicolette Sheridan’s Battery Claim Against Marc Cherry. Termination Suit Continues.

Judge Elizabeth Allen White has thrown out former Desperate Housewives' castmember Nicolette Sheridan’s battery claim against Cherry, saying there wasn't enough proof, and any injury would have been covered by worker’s compensation. But was she fired as a result of the dispute? That's still under consideration.

Judge Elizabeth Allen White has thrown out former Desperate Housewives’ castmember Nicolette Sheridan’s battery claim against Cherry, saying there wasn’t enough proof, and any injury would have been covered by worker’s compensation. But was she fired as a result of the dispute?

A thrilled Marc Cherry said, “I’m a very happy man” about the dismissal of the battery case, but it is in question as to whether he ended up firing her because of the incident. Sheridan says she was fired in February 2009 because of the altercation, which was a discussion about a September 2008 script.

Cherry says he only “tapped” her to demonstrate the scene.

A set construction coordinator testified Tuesday that he received a 2010 email discussing the planned deletion of emails related to Sheridan’s lawsuit and firing. He says he believes the email had been sent to him in error at the time, and he deleted it. He came forward at the last minute, claiming his conscience had gotten the best of him.

Defense attorneys questioned his recollection, and argued that in fact the content of the deleted email was about preserving the records, saying it was possible that he misunderstood the email. The witness agreed that it was possible. The computer was turned over for forensic analysis.

Cherry has testified that he decided to write Sheridan’s character off the show months before the September 2008 argument. Recently, the character played by Mark Denton was killed off.

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