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OTRC: 'Desperate Housewives' trial: Nicollette Sheridan's battery claim against Marc Cherry is tossed

Nicollette Sheridan arrives at a Los Angeles court for her 'Desperate Housewives' wrongful termination case on March 5, 2012.

A judge has dismissed Nicollette Sheridan's battery claim against "Desperate Housewives" creator Marc Cherry, effectively removing him as a defendant in her wrongful termination case.

Sheridan played Edie Britt on "Desperate Housewives" between 2004 and 2009 and had accused Cherry of hitting her "upside the head" during filming. She says he then begged her forgiveness "on bended knee," months before her character was killed off the show. She is suing for $6 million.

The battery claim was dismissed on Tuesday, March 13. Sheridan's case will now be aimed against Touchstone Television, also known as ABC Television Studios. The jury will have to decide whether the show executives axed her from "Desperate Housewives" in retaliation for filing a battery complaint about Cherry.

His lawyer, Adam Levin, told the jury in his opening statement that Cherry had decided Sheridan's character must die in May 2008, four months before the alleged incident.

Cherry testified last week that he never asked verbal permission to "touch" Sheridan, but described the alleged slap as a "tap." He said that after trying to explain a scene, he resorted to a demonstration.

A surprise witness named Michael Reinhart, a construction coordinator on "Desperate Housewives," testified that he had called Sheridan's attorney on Sunday to tell him that he had received an email in the fall of 2010 by accident, remembering that it contained the words "IT," "Nicollette Sheridan," "delete" and "hard drive," E! Online reported.

He said that he erased the email he found, adding that it made him "uncomfortable" and that he felt he was not meant to receive it in the first place. He said that he "began to lose sleep" over it and decided to testify in the trial, even if it meant he was "performing professional suicide," E! Online said, adding that Cherry's attorney said that Sheridan's lawyer promised Reinhart a job if he would take the witness stand.

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