Judge Elizabeth White declared a mistrial on 3/19/12 after the jurors reported they were deadlocked. Eight supported actress Nicollette Sheridan’s claim; four didn’t. .Judge White on 3/13/12 issued a directed verdict dismissing the battery claim and Michael Reinhart, who has supervised construction of the show’s sets since it began eight years ago, testified he was copied on an email in 2010 — shortly after Sheridan filed her lawsuits — in which ABC/Disney executives discussed having IT wipe computer hard drives to eliminate any reference to Sheridan’s termination. And the Human Resources so-called “professional” who investigated Sheridan’s complaint that she was slapped by Cherry failed to interview Cherry!!! PGB
This woman was allegedly assaulted by her boss and then killed off.
The trial began this week in a case brought by Actress Nicollette Sheridan, formerly of the ABC soap opera Desperate Housewives, who alleges she was whacked upside the head by the hit show’s creator Marc Cherry and then killed off when she complained to ABC.
Sheridan alleged Cherry slapped her in the face with his hand during a rehearsal on September 24, 2008 after the two had an argument regarding a cut line of dialogue. When Sheridan complained to ABC, she says she was fired in retaliation — her Desperate Housewives character, Edie Britt, was killed in a freak electrical accident in April of 2009.
ABC has argued that the decision to kill off Edie Britt was made prior to the alleged smackdown and that the supposed slap was a mere tap, done for the purposes of artistic direction.
“This is a man hitting a woman in the head — hard — without her consent,” said Sheridan’s attorney, Mark Baute.
Battery occurs when the defendant’s acts intentionally cause harmful or offensive contact with the victim’s person. While battery requires intent, the prevailing tort definition does not require an intent to harm. It is only necessary that the defendant intend to cause either harmful or offensive contact.
Sheridan’s lawsuit initially alleged damages over claims of sexual and gender harassment, assault and battery, intentional infliction of emotional distress, wrongful termination and more. However, during the pre-trial phase, the judge threw out some claims and the actress dropped others. Now the case involves claims of wrongful termination and battery.
If Sheridan wins, a judge has ruled that she will be eligible to reclaim one year’s salary, not the $20 in pay for the show’s full run that she originally sought. Her attorneys are seeking almost $6 million.
A sad reality of this type of case is that Sheriden, 48, is out in the metaphorical cold while ABC continues to be a major television network. ABC lists as potential witnesses many of Sheridan’s former co-workers – including Desperate Housewives cast members Marcia Cross, Teri Hatcher, Felicity Huffman and Eva Longoria. Of course, if Sheridan’s allegations are true, the remaining Housewives stars presumably do not wish to be killed off like Edie Britt until the series ends this season.