A judge declared a mistrial on Monday in the case involving a wrongful termination suit by actress Nicollette Sheridan against 'Desperate Housewives' creator Marc Cherry.

The jury told the judge they were deadlocked 8-4 in favor of Sheridan after three days of deliberation.

A decision would have required one more juror to vote in favor of Sheridan.

The suit citing Cherry and Touchtone Television Production executives  as defendants, claimed Sheridan was written off the show after she complained that Cherry allegedly struck her during a rehearsal for the show.

Sheridan was seeking nearly $6 million in damages from ABC and Cherry.

Tags: Desperate Housewives