Alec Baldwin and other producers of the movie Rust have filed a motion to dismiss the script supervisor's lawsuit over the fatal shooting of cinematographer Halyna Hutchins.
The actor's prop firearm accidentally fired while rehearsing a scene at the Bonanza Creek Ranch in New Mexico in October, killing Hutchins and injuring director Joel Souza.
Mamie Mitchell, the script supervisor who witnessed the incident, filed a lawsuit for assault, intentional infliction of emotional distress, and deliberate infliction of harm against Baldwin and other defendants in November.
On Monday, lawyers representing Baldwin and other producers filed documents in the Los Angeles Superior Court asking for Mitchell's complaint to be thrown out.
"Nothing about Plaintiff's allegations suggest that any of Defendants, including Mr. Baldwin, intended the Prop Gun to be loaded with live ammunition," their motion reads, reports Deadline. "Moreover, nothing about Plaintiff's allegations suggests any of the Defendants knew the Prop Gun contained live ammunition.
"The absence of such allegations of course makes sense because the Incident is apparently unprecedented in the filmmaking industry... Because all three of Plaintiff's causes of action, are based on allegations of negligence that resulted in a workplace accident, they should be dismissed because her exclusive remedy is New Mexico's Workers' Compensation Act, not a civil action filed in California State Court."
The lawyers requested a hearing before Los Angeles Superior Court Judge Michael E. Whitaker on 24 February regarding their motion.
Mitchell was the second Rust crew member to file a lawsuit over the incident, following on from head of lighting Serge Svetnoy. Her lawsuit also named assistant director David Halls and armourer Hannah Gutierrez-Reed as defendants.
The Santa Fe Sheriff’s Office is still investigating the incident.
