Alec Baldwin loses bid to be removed from 'Rust' script supervisor Mamie Mitchell's negligence lawsuit
LOS ANGELES, CALIFORNIA: A Los Angeles Superior Court judge named Michael E Whitaker ruled on Tuesday, November 1 that 'Rust' script supervisor Mamie Mitchell can sue Alec Baldwin for negligence and other claims after he fired a loaded gun on the New Mexico set of the indie Western last year, killing cinematographer Halyna Hutchins and injuring director Joel Souza. The decision comes as the Santa Fe District Attorney continues to investigate the police report of the tragic shooting at Bonanza Creek Ranch on October 21, 2021.
Baldwin had submitted a motion to be removed from the civil lawsuit brought in November 2021 by Mitchell, who was standing close to Hutchins and Souza when the gun Baldwin was holding fired. Judge Michael E Whitaker also refused a move by Baldwin and his El Dorado Pictures Inc to dismiss the script supervisor's claim for punitive damages, as per reports by Deadline.
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“Accordingly, the Court finds plaintiff’s allegations in the SAC [second amended complaint] demonstrates alleged despicable conduct carried out by the demurring defendants with a willful and conscientious disregard of the rights or safety of others sufficient to withstand a motion to strike,” the judge wrote in his final ruling today. Gloria Allred, one of Mitchell’s attorneys in the case, said, "We are very happy that we won, and that the Court today permitted us, over the objection of Alec Baldwin, to proceed in our lawsuit against him on our theories of assault, intentional infliction of emotional distress and negligence, in addition, the Court, over Mr Baldwin’s objection, allowed us to proceed against him for punitive damages.”
MEAWW previously reported, Mamie Mitchell, the script supervisor on set who called 911 when Hutchins was killed and director Joel Souza was injured after the shooting on October 21, stated, "I saw Alec going through his movement with the gun for the camera."
“I was holding my script in my left hand and had taken out my iPhone and opened up my photos to check the continuity on his shirt and vest. Then an explosion. Deafening loud gunshot.” she added. “I was stunned. I heard someone moaning and I turned around and my director was falling backward and holding his upper body and I turned around toward Alec and saw Halyna going down to the left of me,” said Mitchell.
While MEAWW recently reported the Santa Fe Sheriff's Office completed their investigation into the terrible 'Rust' shooting that killed cinematographer Halyna Hutchins on Thursday, Oct 27. Alec Baldwin may be charged in the incident soon. In an email, Heather Brewer, a spokesman for Santa Fe's top prosecutor's office, stated: "Today, District Attorney Mary Carmack-Altwies received the Santa Fe County Sheriff's investigative report on the Rust movie set incident."