Today, a judge issued a tentative ruling in a lawsuit brought by the screenplay supervisor for the film Rust against Alec Baldwin’s production business in relation to the unintentional shooting of two crew members. However, the judge will not reduce the causes of action against Baldwin himself.
Judge Michael Whitaker of the Los Angeles Superior Court stated that he is inclined to refuse a defense move to dismiss Mamie Mitchell’s claim for punitive damages against the 64-year-old actor and his company, El Dorado Pictures Inc.
However, the script supervisor’s attempt to dismiss Baldwin from the civil complaint was denied, allowing Mitchell to proceed with her claim against the 68-year-old actor for the fatal shooting.
Mitchell claims she was nearby when Baldwin shot and killed cameraman Halyna Hutchins and wounded film director Joel Souza.
The lawsuit seeks compensation for bodily and emotional injuries allegedly experienced by the employee as a result of the incident, which allegedly occurred on October 21, 2021 in a replica church on the Western’s New Mexico set.
The court was due to hear arguments Tuesday evening before announcing his final verdict, in which he supported Mitchell’s allegations of assault, intentional infliction of emotional distress, and negligence against Baldwin, who was also one of the film’s executive producers.
Mitchell abandoned several claims in her complaint against the film’s producers, including Baldwin, last month, including assault, battery, and intentional infliction of mental distress, leaving only a negligence claim.
During Tuesday’s hearings, Whitaker disclosed that he is inclined to dismiss Mitchell’s accusations of assault and deliberate infliction of emotional distress against El Dorado, but not against Baldwin.
He did, however, allow the plaintiff to proceed with a negligence claim against both parties, alleging that Baldwin’recklessly’ shot the prop gun that killed cameraman Hutchins – an incident for which studio authorities said they were equally responsible.
In response to Baldwin’s motion to dismiss Mitchell’s punitive damages claim, the judge stated that the plaintiff alleges that ammunition, including the gun discharged by Baldwin, was routinely left unattended during filming prior to the incident and that loaded firearms were used for target practice in violation of safety protocols.
The judge also noted that Mitchell alleges Baldwin and El Dorado “intentionally engaged in a low-budget and cost-cutting scheme that was known to create unsafe conditions for movie production crews, resulting in (the defendants’) failure to ensure basic safety protocols with regard to the hazardous use of firearms.”
Mitchell resides in New Mexico and the events took place there, thus her arguments are based on the laws of that state.
The attorneys for Baldwin and El Dorado filed court documents on September 2 requesting that their clients be discharged as defendants in the latest version of Mitchell’s action, which was filed on August 3.
The attorneys also assert that California law governs the issue of punitive damages and that they should be dismissed from Mitchell’s case because she has failed to demonstrate that Baldwin engaged in any intentional or egregious behavior.
The attorneys for Baldwin/El Dorado also argue in their court filings that Mitchell fails to explain how the actor, his company, or any of the other defendants owed her a duty of care that rendered them negligent.
Baldwin’s revolver ‘accidentally and unexpectedly discharged a live round, injuring director Joel Souza and causing the death of cinematographer Halyn Hutchins,’ according to Baldwin/El Dorado attorneys’ court filings.
An entire year has passed since the conclusion of the investigation into Hutchins’ death.
During this time, multiple civil lawsuits have been brought against Baldwin and the rest of the production, including one filed by Hutchins’ widower.
He filed a wrongful death lawsuit against them, but they settled out of court for an undisclosed amount.
Matthew will now serve as a producer on the film whenever production resumes.
Baldwin is not the only individual in the photograph.
Armorer Hannah Gutierrez-Reed, who, according to Baldwin, failed to conduct a proper firearms check, and Assistant Director Dave Halls have also been accused for the shooting.
By the time Halyna was killed, a significant portion of the film’s crew had quit in protest of working conditions and pay.
Baldwin served as both producer and lead actor in the film.
Last week, on the anniversary of Hutchins’ death, the District Attorney issued a warning to all parties involved.
On the anniversary of the tragedy that occurred on the Rust set in Santa Fe County, District Attorney Mary Carmack-Altweis remains determined to seeking justice for the victims and obtaining answers for the community.
As soon as the District Attorney receives the complete report from the Santa Fe County Sheriff, she and her team of professional attorneys and investigators will thoroughly review all the evidence and make a well-considered determination regarding whether or not to file charges against those involved.
She warned, “No one is above the law, and every victim deserves justice.”