Alec Baldwin has lost at least one legal battle related to a Rust shooting lawsuit. According to Deadline, Baldwin filed a motion asking the court to remove him from script supervisor Mamie Mitchell’s negligence lawsuit, but on Tuesday, a Los Angeles Superior Court judge ruled that Mitchell can continue pursuing her negligence and other claims against Baldwin and El Dorado Pictures Inc.
In his ruling, the judge wrote, “Accordingly, the Court finds plaintiff’s allegations in the SAC [second amended complaint] demonstrates alleged despicable conduct carried out by the demurring defendants with a willful and conscientious disregard of the rights or safety of other sufficient to withstand a motion to strike.” Gloria Allred, one of Mitchell’s attorneys in the case, commented on the ruling, saying, “We are very happy that we won, and that the Court today permitted us, over the objection of Alec Baldwin, to proceed in our lawsuit against him on our theories of assault, intentional infliction of emotional distress and negligence. In addition, the Court, over Mr. Baldwin’s objection, allowed us to proceed against him for punitive damages.” Deadline noted that it reached out to attorneys for Baldwin and El Dorado for comment, but did not receive a response.
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Cinematographer Halyna Hutchins was killed on the set of Rust on Oct. 21, 2021, after a prop gun that Baldwin was holding discharged. The gun was initially not believed to be loaded with live rounds. Director Joel Souza was also injured during the incident. During an interview with ABC News host George Stephanopoulos, Baldwin claimed that he “didn’t pull the trigger” on the gun, stating that he has no idea why or how it fired a live round.
This claim has been backed up by the film’s Assistant Director, David Halls. In a previous statement to Good Morning America, Halls’s attorney Lisa Torraco said, “Dave has told me since the very first day I met him that Alec did not pull that trigger. His finger was never in the trigger guard.”
It was recently revealed that Hutchins’ husband, Matthew, and the producers of Rust reached a settlement in a wrongful death lawsuit he’d filed, which will see the film’s production resume next year. In a statement, Souza said, “Those of us who were lucky enough to have spent time with Halyna knew her to be exceedingly talented, kind, creative, and a source of incredible positive energy. I only wish the world had gotten to know her under different circumstances, as it surely would have through her amazing work.”
The filmmaker continued, “In my own attempts to heal, any decision to return to finish directing the film could only make sense for me if it was done with the involvement of Matt and the Hutchins family. Though certainly bittersweet, I am pleased that together, we will now complete what Halyna and I started. My every effort on this film will be devoted to honoring Halyna’s legacy and making her proud. It is a privilege to see this through on her behalf.”