Los Angeles ( CNN ) -- A judge declared a mistrial Monday in actress Nicollette Sheridan 's wrongful termination lawsuit against `` Desperate Housewives '' creator Marc Cherry and ABC . The jury told the judge they were deadlocked at 8-4 , in favor of the actress , after three days of deliberations . They needed nine jurors to agree on a verdict . Sheridan sued , claiming her character was killed -- and her acting job eliminated -- in retaliation for her complaining that Cherry hit her during a rehearsal for the ABC comedy . Lawyers for Cherry and ABC 's Touchstone Television argued the demise of her character was a creative decision unrelated to the workplace complaint . ABC executives testified that Cherry gained their permission to have Edie Britt -- the sassy blonde played by Sheridan -- die in May 2008 , four months before an incident in which Cherry allegedly struck Sheridan . The hit during a rehearsal was just `` a light tap on the head '' intended to demonstrate `` a piece of physical humor '' Cherry wanted Sheridan to perform , the defense said in opening statements . Sheridan testified that Cherry hit her because he was frustrated during a discussion over her lines in a scene . `` It was a nice wallop to my head '' she said . One juror who voted for Sheridan 's case said afterward that the defense story `` just did n't hold water for me . '' Beverly Crosby , a retired elementary school principal , said her decision to find the studio liable was based on her doubts about the credibility of several defense witnesses , which included high-level ABC executives . `` There were a lot of people that some of the jurors found not too credible , '' Crosby said . Juror Johnny Huynh , who also voted for Sheridan 's side , said it seemed to him that ABC executives scripted their stories `` just a little bit . '' `` I do n't say they was scripted , '' Huyhn said . `` It 's more like the story do n't match for me . '' Sheridan lawyer Mark Baute said while there was no victory , the jury 's 8-4 vote did send a message to ABC and parent company Disney . `` They had 10 witnesses tell their little scripted story , with no documents , and eight jurors looked at their best , their presidents , and said , 'No , I 'm not buying it , I 'm not buying what you 're selling , Mr. President , ' `` Baute said . Lawyers will now prepare for a retrial , because an out-of-court settlement is not expected , he said . `` My view is that Disney is the unhappiest place on Earth , so why would there ever be a settlement offer ? '' Baute said . ABC lawyer Adam Levin said the retrial will be `` far more narrow than the previous case '' since the judge tossed out Sheridan 's battery complaint , leaving only the wrongful termination issue against the studio . In fact , Cherry is no longer a defendant , he said . The jury of nine women and three men began deliberating on Wednesday but told the judge on Monday morning they were hopelessly deadlocked . Although the show 's line producer reported the hitting incident to the studio 's human resources department , there was no investigation until an ABC senior executive saw a National Enquirer story about it at a grocery store two months later , according to testimony . What followed was a `` fake '' investigation designed `` to protect the money machine known as 'Desperate Housewives , ' '' Baute said . `` Nobody wants the 'Desperate Housewives ' applecart turned upside down . '' The human resources investigator did not interview Cherry or Sheridan about the incident , only three people who worked for Cherry , Baute said . Five months and 11 episodes after the rehearsal incident , Cherry informed Sheridan that Britt would die during a show taping the next day , ending her five-year run on `` Desperate Housewives . '' `` To my estimation , it was n't handled correctly , '' juror Crosby said . `` It was n't handled the way it should have been handled . '' Sheridan was asking for $ 5.7 million in damages from ABC and Cherry , although the actress was paid $ 4 million in her last year of work and is still earning royalties from her vested interest in the hit series .
NEW : Juror says she questioned credibility of ABC 's witnesses . Actress Nicollette Sheridan sued the show 's creator and ABC for wrongful termination . She claims her firing was in retaliation for complaining she was struck by show 's creator . The jury was deadlocked at 8-4 , in favor of the actress .