Nicollette Sheridan‘s legal battle against ABC over her firing from “Desperate Housewives” took a dramatic turn befitting of a script on the former soap on Tuesday.
An appellate court panel overturned a lower court judge’s dismissal of the actress’ lawsuit alleging she was assaulted by creator Marc Cherry and written out of the show when she complained, according to the City News Service.
In 2010, Sheridan began legal proceedings against ABC and Disney, producer Touchstone and Cherry, claiming he had struck her in the head during an argument on set.
Touchstone and ABC approved Cherry killing off her character Edie Britt in 2009 in retaliation for her complaints about the altercation, the lawsuit alleged.
A 2012 trial ended in the jury being deadlocked 8-4 in Sheridan’s favor, but six months later, the 2nd District Court of Appeal found that Judge Elizabeth Allen White should have granted Touchstone’s motion for a directed verdict and dismissed the wrongful termination action.
The justices said that although the actress could not have a retrial of her wrongful termination claim, she could revise her complaint and make a claim under a section of the state Labor Code protecting employees from being fired or threatened with firing if they complain about workplace safety.
Following a series of appeals, Sheridan may finally get the new trial that she has been seeking thanks to the latest ruling in the California appellate court.