Battery Claim Against Marc Cherry Thrown Out

UPDATE:

Jury instruction for the case will reportedly begin today at 3 p.m. PT, ahead of closing arguments, which begin tomorrow.

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A Los Angeles judge has thrown out a battery claim against Marc Cherry, related to Nicollette Sheridan's accusation that he hit her when she was a star on his hit ABC show, Desperate Housewives.

Cherry is no longer a defendant in the case, and Sheridan's wrongful termination case will now solely be focused on her former employer, rather than Cherry as an individual. If Sheridan's legal team wants to follow up on the battery claim, they will have to do so through workman's compensation.

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Cherry tells ET he is very excited about this turn of events.

"Obviously I'm thrilled by the judge's decision, but I'm going to withhold commentary on this matter until the entire case is resolved, but ...I'm a very happy man," said Cherry with a grin.

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Sheridan's character Edie was killed off the hit ABC show in the fifth season and attorneys for the show claim the on-screen offing was a creative decision. However, Sheridan alleges in the lawsuit that she was fired for complaining that Cherry struck her during a fight in September 2008.

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Cherry and other witnesses have said that the approval to kill off Sheridan's character Edie Britt was given in May 2008, four months before the actress accused Cherry of striking her hard in the head during a discussion of a scene.