“Whereas [Rust script supervisor Mamie] Mitchell alleges the producers aided Baldwin by providing the loaded gun, Mitchell’s allegations do not establish that the producers knew Baldwin would aim and fire the loaded gun… so they would be jointly liable for his intentional conduct said Judge Michael E. Whitaker. today in a provisional and now final decision.
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Today’s hearing in downtown Los Angeles focused on Mitchell’s multiple lawsuit against defendants Rust Movie Productions LLC, Thomasville Pictures LLC and other independent western picture producers. In his action filed less than a month after the fatal shooting in New Mexico on October 21, 2021, Mitchell claimed that Rust the producers, star/producer Baldwin and other crew members were grossly negligent about safety and other regulations.
However, a significant part of the guts of his lawsuit was cut out by Whitaker today.
“Mitchell’s allegations would show the opposite to be true: the only person who knew Baldwin was going to fire the gun was Baldwin,” Judge wrote. This decision dismisses Mitchell’s claims of intentional infliction of emotional distress, as well as assault and battery against the Rust producers. However, Baldwin himself remains a defendant in the now twice-amended lawsuit.
The tragic shooting Rust happened during a rehearsal in which a gun was not even supposed to have been used.
While the Santa Fe Sheriff’s Office has not yet finalized its probe of the shooting that killed Hutchins and injured director Joel Souza, lawsuits from various parties have been filed against Baldwin, the Rust producers and key crew members. Of these, the most poignant is wrongful death lawsuit against the Emmy-winning actor and producers by Hutchins’ widower and his family.
Long denying he ever pulled the trigger on the gun who was improperly loaded with live ammunition, Baldwin is also seeking to have the claims against him dismissed in Mitchell’s lawsuit. A hearing is scheduled before Whitaker on that part of the trial on November 1.
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