Alec Baldwin is seeking the dismissal of a lawsuit filed by a ‘Rust’ crew member.
In a Monday filing, Alec Baldwin’s lawyers claimed that the October shooting of “Rust” should be dismissed as a working accident.
The filing is the first time Baldwin’s attorneys have argued that he is not liable for the Oct. 21 shooting that killed Halyna Hutchins and injured director Joel Souza. The Santa Fe County (N.M.) Sheriff’s Office is still investigating.
Mamie Mitchell, the film’s screenplay supervisor, sued Baldwin and other producers and crew members on Nov. 17. Mitchell, who was only a few steps away from Baldwin when he shot the revolver, called 911 first. She claims she has ear discomfort, mental trauma, and physical injuries.
Baldwin’s lawyers contend that any compensation must come through the state’s workers compensation system.
“Plaintiff alleges facts suggestive of negligence,” the demurrer adds.
Baldwin told investigators that he was informed he was carrying a “cold gun” filled with simulated ammunition. The gun had a live round. Investigators tried to figure out how that bullet got onto the set.
It also accuses the companies of cutting shortcuts, resulting in unhealthy circumstances. Their demurrer claims that Mitchell can’t prove any intentional behaviour led to the shooting.
Defendants, including Mr. Baldwin, did not want the Prop Gun to be loaded with live ammo, they said. Furthermore, nothing in Plaintiff’s accusations shows any of the Defendants knew the Prop Gun was loaded.
In his suit, Mitchell claimed assault, intentional infliction of emotional distress, and intentional harm. It was loaded by Hannah Gutierrez-Reed, who sued David Halls, the first assistant director who delivered it to Baldwin, and other crew members. Those defendants have not yet responded.
Mitchell allegedly “raced to the courthouse in California… apparently to get her claim in front of any potential claims by the two individuals who were hit by the live round,” according to Baldwin’s attorneys.
The “Rust” production carried a $6 million liability coverage with Chubb.