Alec Baldwin and other Rust producers seek dismissal of script supervisor's lawsuit

The filing claims Baldwin and the other defendants did not "intend the Prop Gun to be loaded with live ammunition"

By Gabrielle Sanchez  |  January 25, 2022 | 4:14pm
Aux News Rust
Alec Baldwin and other Rust producers seek dismissal of script supervisor's lawsuit
Alec Baldwin Photo: Dimitrios Kambouris

Alec Baldwin and other producers on the Western feature Rust have filed for a dismissal of one of the lawsuits filed against them following the fatal shooting which occurred on set in October 2021. Their lawyers claim Baldwin and his fellow producers had no role in the ammo mix up which resulted in the death of cinematographer Halyna Hutchins.

“Nothing about Plaintiff’s allegations suggest that any of Defendants, including Mr. Baldwin, intended the Prop Gun to be loaded with live ammunition,” responded Baldwin, Rust Movie Productions, LLC,, El Dorado Pictures, Inc., Ryan Donnell Smith, Langley Allen Cheney, Thomasville Pictures, LLC, Anjul Nigam, Matthew DelPiano, and Cavalry Media, Inc., who were ‘erroneously sued as Calvary Media, Inc.’” the filing states. “Moreover, nothing about Plaintiff’s allegations suggests any of the Defendants knew the Prop Gun contained live ammunition.”

“The absence of such allegations of course makes sense because the Incident is apparently unprecedented in the filmmaking industry,” the document adds, glossing over past film set fatalities such as Brandon Lee’s shooting death during the filming of 1994’s The Crow.

The lawsuit in question was filed by script supervisor Mamie Mitchell, who seeks damages for “assault, intentional infliction of emotional distress, and deliberate infliction of harm.” The case alleges that at no time was she advised that the gun would be discharged during the filming of the scene, nor were adequate safety protocols upheld. The suit also involves armorer Hannah Gutierrez-Reed, who Mitchell says was hired in order to cut production costs.

“Because all three of Plaintiff’s causes of action, are based on allegations of negligence that resulted in a workplace accident, they should be dismissed because her exclusive remedy is New Mexico’s Workers’ Compensation Act, not a civil action filed in California State Court,” the filing continues.

Earlier this month, Rust armorer Hannah Gutierrez-Reed filed a lawsuit against the ammo supplier, claiming they were the ones to mix the live and dummy rounds before they reached the set.

Baldwin and the producers still face another lawsuit filed by lighting technician Serge Svetnoy, who cites “severe emotional distress” as he was in proximity to the shooting and was nearly injured.

The investigation into the incident by the Santa Fe Police Department is still ongoing, and no arrests have been made. In December, Baldwin turned his cell phone over to police in part of the investigation.

 
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