Actor Alec Baldwin wants out of the “Rust” lawsuit filed by the parents and sister of slain cinematographer Halyna Hutchins.
The “30 Rock” actor will not appear in court for a preliminary hearing in New Mexico next month and he does not believe he should be held responsible in a new lawsuit filed by the family of Halyna Hutchins in Los Angeles earlier this year.
Alec Baldwin Tries To Get Out Of ‘Rust’ Lawsuit Filed By Halyna Hutchins’ Parents, Sister
MEGA
While admitting that the death of Halyna Hutchins in October 2021 and “the loss of a daughter and a sister is certainly painful in any case,” Baldwin’s legal team claims that the Hutchins family – Ukraine-based Olga Solovey, Anatoli Androsvych and Svetlana Zemko – had “been physically, financially and emotionally estranged from Halyna for years prior to her death” and “had no viable cause of action against the Defendant”
The new filing from Baldwin’s legal team was filed on Thursday, April 13 and was first reported by Deadline. Baldwin’s legal team went on to call the lawsuit “misguided,” writing:
“This action is particularly misguided. The residency of the parties and the compensatory nature of the loss of consortium claim support the application of California law. And in California, marriage between the plaintiff and the deceased is a necessary element for loss of consortium. No Plaintiff can plead or prove such a relationship with Halyna Hutchins. And even if New Mexico law were to apply, Plaintiff’s cause of action would still fail, because Plaintiff’s complaint provides no more than a conclusory statement, that, no matter how often it is repeated, cannot support a sufficiently close relationship under the law, such as required by New Mexico law to state a claim for loss of consortium.”
Baldwin isn’t the only one named in this lawsuit. Armorer Hannah Gutierrez-Reed, who also faces two counts of involuntary manslaughter for shooting Hutchins, has also been named in the suit. First assistant director David Halls is also named in the civil suit, although he does not face charges after pleading guilty to a charge of negligent use of a deadly weapon.
Various producers of “Rust” are also named in the lawsuit. Halyna Hutchins’ parents and sister are represented by Gloria Allred, who also represented “Rust” script supervisor Mamie Mitchell in a lawsuit she filed against Baldwin and other “Rust” producers in November 2021.
Hutchins’ Lawyer ‘Not Surprised’ To See Alec Baldwin Trying To Get Out Of Another Lawsuit
MEGA
After the April 13 filing from Baldwin’s legal team, Hutchins’ family attorney, Gloria Allred, issued a brief statement saying she was “not surprised” to see him “trying to avoid responsibility” for the cinematographer’s death.
“We’re not surprised Alec Baldwin is once again trying to avoid taking responsibility for what he did,” he told Deadline the day after the filing. “It is very clear under New Mexico law, which will be used in California courts, that he is responsible for all the harm he has done to Halyna Hutchins’ entire family. We are here to hold him accountable for his actions.”
MEGA
In November 2022, Alec Baldwin also tried to get out of a lawsuit filed by Mamie Mitchell the previous year. The script supervisor filed his suit just a month after the shooter, claiming that he had been standing near Hutchins at the Bonanza Creek Ranch when he was killed. Baldwin not only wants out of the lawsuit, but he also wants to be released from the possibility of being held liable for punitive damages.
However, Judge Michael E. Whitaker denied the motion. In his decision, Judge Whitaker wrote, “Therefore, the Court finds the plaintiff’s allegations in the SAC [second amended complaint] shows an allegation of egregious conduct by a defendant who willfully refuses and disregards the rights or safety of others sufficient to sustain a motion to strike.”
MEGA
Shortly after, Gloria Allred released a statement saying, “We are very happy that we won, and the Court today allowed us, over Alec Baldwin’s objection, to continue 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 gun.
MEGA
In his decision in September, Judge Whitaker wrote, “Even if Mitchell alleges that the manufacturer assisted Baldwin by supplying the loaded weapon, Mitchell’s claim fails to prove that the manufacturer knew Baldwin would aim and fire the loaded weapon … so they would be jointly liable for his conduct which is intentional.”
Whitaker went on to say, “Mitchell’s claim would show the opposite is true: The only person who knew Baldwin was going to fire the gun was Baldwin.”
Categories: Trending
Source: thtrangdai.edu.vn/en/
