Battery Charge Against Marc Cherry Dismissed In 'Desperate Housewives' Trial

The battery portion of Nicollette Sheridan’s lawsuit against Desperate Housewives creator/executive producer Marc Cherry has been dropped, with Cherry’s defense lawyer saying Cherry is “no longer a defendant in this case.” Judge Elizabeth Allen White today deemed the battery claim did not meet the standards of workman’s compensation statutes that apply to these matters. When court resumes this afternoon, lawyers from both sides are expected to reaffirm the matter with White. “Obviously I am thrilled by the judge’s decision, but I am going to withhold all comment until the case is resolved”, Cherry told Deadline.

Sheridan’s lawyer Mark Baute said outside the courtroom that the dismissal is not a big deal for the actress’ case against ABC Studios and ABC. He said the action allows Sheridan to go to the heart of the matter — the wrongful termination claim. “You hit me, and I complained,” Baute said, “and you fired me because of it.”

Sheridan took the stand briefly before the lunch break to give a concise version of the alleged head-hitting incident between her and Cherry on the Housewives set on September 24, 2008. “He was dismissive and he hit me”, the actress said in a quivering voice.

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