Actor Alec Baldwin wants out of the “Rust” lawsuit filed by the parents and sister of slain cinematographer Halyna Hutchins.
The “30 Rock” actor won’t be appearing in court for the preliminary trial in New Mexico next month and he does not believe that he should be held liable in a new lawsuit filed by Halyna Hutchins’ family in Los Angeles earlier this year.
Alec Baldwin Is Trying To Get Out Of ‘Rust’ Lawsuit Filed By Halyna Hutchins’ Parents, Sister
While admitting that the October 2021 death of Halyna Hutchins and “the loss of a daughter and sister is undoubtedly painful in any circumstance,” Baldwin’s legal team claimed that Hutchins’ family – Ukrainian-based Olga Solovey, Anatoli Androsvych, and Svetlana Zemko – have “been distanced from Halyna physically, financially, and emotionally for years before her death” and “have no viable cause of action against Defendants”
This new filing from Baldwin’s legal team was filed on Thursday, April 13 and first reported by Deadline. Baldwin’s legal team goes on to call the lawsuit “misguided,” writing:
“This action is especially misguided. The residency of the parties and compensatory character of a loss of consortium claim support the application of California law. And in California, a marriage between the plaintiff and the decedent is a necessary element for loss of consortium. None of the Plaintiffs can plead or prove such a relationship to Halyna Hutchins. And even if New Mexico law were to apply, Plaintiffs’ cause of action would still fail, as Plaintiffs’ complaint provides nothing more than a single conclusory statement, that, no matter how often it is repeated cannot support a sufficiently close relationship under the law, as required by New Mexico law to state a claims for loss of consortium.”
Baldwin is not the only one named in this lawsuit. Armorer Hannah Gutierrez-Reed, who is also facing two counts of involuntary manslaughter for Hutchins’ shooting, has also been named in the suit. First assistant director David Halls is also named in the civil suit, although he is not facing charges after pleading guilty to the charge of the negligent use of a deadly weapon.
Various “Rust” producers are also named in the lawsuit. Halyna Hutchins’ parents and sister are being represented by Gloria Allred, who is also representing “Rust” script supervisor Mamie Mitchell in the lawsuit that she filed against Baldwin and other “Rust” producers in November 2021.
Hutchins’ Attorney Is ‘Not Surprised’ To See Alec Baldwin Try To Get Out Of Another Lawsuit
After the April 13 filing from Baldwin’s legal team, the Hutchins’ family attorney, Gloria Allred, issued a brief statement saying that she is “not surprised” to see him “attempting to avoid responsibility” for the death of the cinematographer.
“We are not surprised Alec Baldwin is once again attempting to avoid responsibility for what he did,” she told Deadline a day after the filing. “It’s abundantly clear under New Mexico law, which will be applied in the California court, that he is responsible for all the harm he did to the entirety of Halyna Hutchins’ family. We are here to make sure that he is held accountable for his actions.”
In November 2022, Alec Baldwin also tried to get out of the lawsuit filed by Mamie Mitchell the year prior. The script supervisor had filed her lawsuit only one month after the shooter, claiming that she had been standing near Hutchins at Bonanza Creek Ranch when she was killed. Not only did Baldwin want out of that lawsuit, but he also wanted to be released from the possibility of being held liable for punitive damages.
However, Judge Michael E. Whitaker denied his motion. In his ruling, Judge Whitaker wrote, “Accordingly, the Court finds the 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 other sufficient to withstand a motion to strike.”
Shortly after, Gloria Allred released a statement saying, “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.”
Previously, on September 16, Judge Whitaker had ruled that only actor Alec Baldwin, not the “Rust” production company, was responsible for the fatal shooting because he was the one who fired the weapon.
In his September ruling, Judge Whitaker wrote, “While Mitchell alleges that the producers assisted Baldwin by supplying the loaded weapon, Mitchell’s allegations fail to establish that the producers knew Baldwin would aim and fire the loaded weapon … such that they would be jointly liable for his intentional conduct.”
Whitaker went on to say, “Mitchell’s allegations would show the opposite to be true: The only person who knew Baldwin was going to fire the weapon was Baldwin.”
