theJasmineBRAND.com exclusively reports, Love & Hip Hop: Atlanta star Joseline Hernandez will return to court in the legal battle with former co-star– in which she is accused of smoking crack cocaine prior to a vicious reunion show fight between the two. Althea Eaton (aka Althea Heart) is demanding the Appeal Court overturn the decision to throw out her case in an attempt to revive her lawsuit.
Here’s the latest: Althea returned to court and filed docs in the case explaining she isn’t done with her legal battle against Joseline. The reality star filed a “notice of Appeal” in the case and will be heading to court again in an attempt to overturn the original decision by the judge. She believes he ruled incorrectly and wants the Appeal Court to side with her, in hopes she can continue on with her case against her former co-star. Joseline has yet to respond to the appeal in court.
Here’s the backstory: Back in 2014, Althea filed suit against Joseline accusing her of smoking crack cocaine during a reunion show which resulted in her attacking her on “Love & Hip Hop: Atlanta”.
Althea sued her co-star accusing her of brutally attacking her during filming and demanded her former co-star be held accountable for the injuries she suffered from the fight.
She also claimed in her lawsuit that eye witnesses saw Joseline smoking crack cocaine out of a pipe backstage prior to the reunion shoot. Althea said that Joseline was high when she attacked her on the show. Joseline was seen on the episode punching Althea, who shares a child with Benzino, in the face and then dragging her to the ground. The suit claimed Althea suffered damages as a result and she demanded Joseline be found liable for damages. Here’s some footage of all of the chaos that went down during the filming of the reunion:
Joseline, who has an on-again off-again relationship with LHHA’s Stevie J, claimed during her deposition in the case that the show is scripted and many of the cast serve as actors. She stated,
With reality TV, it’s called reality, but it’s a lot of acting. I say that because a lot of the girls that’s on the show, they act. So it’s a lot of acting in a reality TV show.
Back in August, Joseline filed a motion for a directed verdict in which she explained Althea’s contract for Love & Hip Hop precludes her from suing her based on the facts of this case.
Joseline pointed out that Althea testified she knew about the antics of the popular reality show and witnessed confrontations between cast members. She also testified she signed her agreement with the show on April 2014. The contracts states that she would be subjected to emotional strain during filming.
Further, she agreed to voluntarily participate in the show with full knowledge of the personal risk and she agreed to engage in such a hazardous activity. Joseline says Altea accepted and assumed the entire risk of any loss, damage or injury.
She explained the contract for Love & Hip Hop has a provision prohibiting cast members from holding co-stars or the production crew liable for any damages. Joseline demanded the judge dismiss the entire case before they went to trial.
Then a day later, the judge came back and granted Joseline’s motion and threw out the entire lawsuit awarding Althea nothing from her complaint. The order even dismissed it with prejudice, meaning she could not refile the case at a later timer. The case was closed the same day.