A California judge ruled that the script supervisor on the Alec Baldwin movie “Rust” cannot proceed with the bulk of her lawsuit against the film’s producers over the deadly shooting on the set.
Los Angeles County Superior Court Judge Michael E. Whitaker threw out two of three claims filed by Mamie Mitchell against the producers — assault and intentional infliction of emotional distress — The Los Angeles Times reported Friday.
The producers still face a lesser claim of negligence brought by Mitchell, which doesn’t involve punitive damages.
Mitchell’s claims are among several civil cases being brought against “Rust” producers after Baldwin accidentally discharged a prop gun that fatally wounded cinematographer Halyna Hutchins and injured director Joel Souza on Oct. 21, 2021.
Baldwin and the producers also have been sued by gaffer Serge Svetnoy and by the Hutchins family in New Mexico.
In his ruling Friday, Whitaker said that Mitchell had to prove that the defendants — Rust Movie Productions, Thomasville Pictures, Ryan Smith, and Langley Cheney — knew Baldwin was going to point and fire the loaded gun at her and provided him either substantial assistance or encouragement to do so.
The plaintiff’s allegations fail to establish that the producers “knew Baldwin would aim and fire the loaded weapon towards plaintiff such that they would be jointly liable for his intentional conduct. In fact, the plaintiff’s allegations would show the opposite to be true: the only person who knew Baldwin was going to fire the weapon was Baldwin.”
Baldwin is also facing claims of assault, intentional infliction of emotional distress, and negligence in the complaint by Mitchell. A hearing on those claims will be held in November.