American actor, Alec Baldwin, requested in a court filing the annulment of the lawsuit filed against him and eight other people, by Mamie Mitchell, the script supervisor of the movie Rust, because of the death of the cinematographer Halyna Hutchins.
The defendants’ lawyers argue, “Nothing in plaintiff’s allegations suggests that any of the defendants, including Mr. Baldwin, intended for the prop gun to be loaded with live ammunition,” according to Deadline Jan. 24.
They add, “Because all three of plaintiff’s causes of action, which are based on allegations of negligence resulting in a workplace accident, must be dismissed because her exclusive remedy is the New Mexico Workers’ Compensation Act, not a civil action filed in California State Court.”
Hutchins’ death was caused by the firing of the prop gun held by Baldwin, who also wounded director Joel Souza, during the movie’s filming in late October.
To present their arguments, Baldwin’s lawyers and some of his co-producers are requesting a hearing on Feb. 24 before Los Angeles Superior Court Judge Michael E. Whitaker. They hope to have the lawsuit dismissed.
Mitchell’s attorney, Gloria Allred, said: “Alec Baldwin should have assumed that the gun in question was loaded unless it was shown or proven to him that it was not.”
She also considers that Baldwin lacked the right to assume that he could rely on the assertion of the assistant who had announced to him that the gun was “cold,” i.e., that it had no fatal bullets.
Mitchell demands heretofore undetermined damages on the grounds of “assault and intentional infliction of emotional distress.”
In his account, Mitchell contends in his lawsuit, “Alec Baldwin intentionally, without just cause or excuse, cocked and fired a loaded gun even though the scene to be filmed did not require cocking and firing a firearm.”
He adds, “I was stunned. I heard someone moaning and I turned around and my director was falling backwards, holding his upper body and I turned to Alec and saw Halyna falling to my left.”
On the other hand, the complex legal situation surrounding Hutchins’ death has generated a lot of criticism and several other lawsuits against Baldwin and his associates.
All this has become a nightmare for the actor and apparently could lead to severe consequences according to the concept of the renowned American lawyer and analyst Jonathan Turley, who believes that Baldwin could be legally charged.
“The problem is that Baldwin was not simply an actor. He was also one of the producers at a site that had reportedly experienced prior downloads and complaints about the site’s security,” Turley described Oct. 24.