Alec Baldwin’s attorneys have asked a Los Angeles court to dismiss a lawsuit filed by a script supervisor on the Western flick “Rust” who claimed the actor disregarded protocol in the deadly on-set shooting.
In the filing Monday in LA Superior Court, Baldwin’s attorney rejected claims that the actor intended any harm, as alleged by crew member Mamie Mitchell.
“Despite Plaintiff’s attempt to label claims as intentional, nothing about Plaintiff’s allegations suggest that any of Defendants intentionally committed harmful conduct,” the filing said.
They also argue that any compensation must come from New Mexico’s workers’ compensation system, which covers on-the-job accidents.
“Plaintiff alleges facts suggestive of negligence (i.e., a claim exclusively subject to New Mexico’s workers’ compensation system), not assault,” they claimed, according to Variety.
Mitchell called 911 when Baldwin shot and killed cinematographer Halyna Hutchins and injured director Joel Souza on Oct. 21.
“I saw Alec going through his movement with the gun for the camera,” Mitchell said in her lawsuit, which was filed in November.
“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,” she said. “Then an explosion. Deafening loud gunshot.”
Mitchell claimed that “Baldwin intentionally, without just cause or excuse, cocked and fired and loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of a firearm.”
She also said every safety protocol designed to ensure safety with a firearm on set was ignored, such as the presence of live ammo on set, and that “actions that were taken” that day “were against all industry norms.”
Hanna Gutierrez-Reed, the armorer on the set, also was named as a defendant in the suit against the actor and the movie production company.
Mitchell, who is represented by attorney Gloria Allred, is suing for an unspecified amount for loss of future earnings, special and general damages, attorneys’ fees and punitive damages.
She alleges that she suffered pain and ringing in her ears, in addition to emotional injuries, as a result of the shooting.
Baldwin has said the assistant director told him the Colt .45 revolver was “cold,” or safe to use, and that he did not pull the trigger.
On Tuesday, Allred said the claim should be allowed to proceed, Reuters reported.
The producers are “trying to avoid explaining their conduct before a judge and a jury in a court of law,” she said in a statement.
The Santa Fe County Sheriff’s Office continues to investigate the shooting, and no criminal charges have been filed.
With Post wires