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Actor and director Alec Baldwin can be sued by the script director of his movie “Rust” in which cinematographer Halyna Hutchins was accidentally shot and killed a judge has decided. The judge said that script director Mamie Mitchell can proceed with her lawsuit against the actor, the Los Angeles Times reported.
The same judge blocked the majority of Mitchell’s claims in September but has now decided in her favor.
Los Angeles County Superior Court Judge Michael E. Whitaker concluded that Mitchell could advance her claims of assault, intentional infliction of emotional distress, and negligence against the actor who accidentally fired the weapon that fatally wounded cinematographer Halyna Hutchins a year ago, according to court filings. The judge also allowed Mitchell to pursue punitive damages against Baldwin and his finance company El Dorado Pictures.
“For pleading purposes, the Court finds the second amended complaint alleges facts sufficient to establish despicable conduct carried out by [the defendants] with a willful and conscious disregard of the rights or safety of others,” the judge said.
“The Court was required to assume at this stage that Mitchell’s allegations against Alec Baldwin were true — even though they are demonstrably false, made in bad faith, and contradict her own prior statements about what happened,” the actor’s attorney Luke Nikas said. “We are pleased the Court dismissed some of her claims and look forward to disproving the rest of her case, now that she can no longer shield her misrepresentations from the evidence.”
But Mitchell’s attorney celebrated the victory.
“We are pleased that the trial court’s tentative ruling has overruled Mr. Baldwin’s demurrer and permitted our client, Mamie Mitchell, to continue her lawsuit against Alec Baldwin to recover damages for the personal injuries she sustained,” her attorney Gloria Allred said. “Ms. Mitchell looks forward to her trial and obtaining justice.”
Baldwin and the family of the late cinematographer Halyna Hutchins have reached an undisclosed settlement in the wrongful death lawsuit stemming from the shooting on the set of the movie “Rust.”
The lawsuit was filed in February in Santa Fe against the actor who accidentally shot and killed Hutchins on the movie set, CNN reported.
The lawsuit alleged numerous standards violations against the producers and key members of the crew.
As part of the settlement the movie will be made and Hutchins’ widower, Matthew Hutchins, will be an executive producer.
“We have reached a settlement, subject to court approval, for our wrongful death case against the producers of Rust, including Alec Baldwin and Rust Movie Productions, LLC. As part of that settlement, our case will be dismissed. The filming of Rust, which I will now executive produce, will resume with all the original principal players on board in January 2023. I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin). All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work,” he said.
“Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son. We are grateful to everyone who contributed to the resolution of this tragic and painful situation,” Baldwin’s attorney, Luke Nikas, said.
And Joel Souza, the director of the movie who was shot and injured in the incident, is also set to be back.
“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. 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,” he said.
“We are pleased the parties came together to resolve this matter, which, subject to court approval, marks an important step forward in celebrating Halyna’s life and honoring her work.” The attorneys for Rust Movie Productions, LLC said.