(Cover) - EN Showbiz - Nicollette Sheridans Desperate Housewives lawsuit is going to trial.

Last year, the actress filed legal papers against show creator Marc Cherry and broadcasters ABC in which she alleged she suffered assault and battery, gender violence and wrongful termination. Sheridan insists she was a model employee up until she left the TV show in 2009, when her character Edie Britt was killed off. She alleges Cherry hit her across the face when they disagreed over a script in September 2008 and she found him difficult to work with.

In December, she dropped the claims of physical injury and emotional distress, and yesterday she attended a Los Angeles Court hearing relating to the case.

Judge Elizabeth Allen listened to evidence from both sides, then ruled a jury should decide if Sheridan was unfairly dismissed from the series.

It's clear to the court that this is something that needs to go to a jury, she said.

The sexual harassment and abuse claims were thrown out of court.

I'm very happy that I'm being treated fairly, Sheridan said afterwards.

ABC and Marcs attorney Adam Levin had claimed Sheridans argument with his client had nothing to do with her leaving the show as the decision to kill off her character was made months previously but kept secret.

Sheridans attorney Mark Baute took issue with the claim, saying as his client was still owed money when her character died due to her contract it could not have been a decision based on saving cash.

We're confident that a jury looking at all of the evidence and the numerous witnesses will conclude the character Edie Britt was killed off of Desperate Housewives for lawful reasons and Ms. Sheridan was never battered, Levin said after the ruling. (C) Cover Media