The creator of Desperate Housewives dodged a bullet in court yesterday when a judge threw out a battery charge that had been leveled against Marc Cherry by his former star actress Nicollette Sheridan.
The court case stemmed from a $6 million wrongful termination lawsuit. The trial will continue against ABC but Cherry is off the hook on the allegation that he intentionally thumped Sheridan on top of the head while on the set of Desperate Housewives Sept. 24, 2008.
According to the judge in the case, her claims did not meet the standard of proof for battery. Without that piece of the case it will be difficult to prove that her character was killed off as retaliation when she complained that Cherry had assaulted her.
Cherry spoke to reporters outside of the courtroom, “Obviously I’m thrilled by the judge’s decision. But I’m going to withhold further comment until this matter is resolved completely.”
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