Lawyers for Alec Baldwin called for a lawsuit involving the fatal shooting on the set of “Rust” to be tossed, stressing that the suit concedes the actor didn’t intend for the prop gun to be loaded.
The new filing, which Baldwin’s lawyers submitted Monday, describes the October 2021 shooting that killed cinematographer Halyna Hutchins as a “workplace accident,” according to paperwork obtained by Variety.
“It is completely illogical for Plaintiff to contend defendant Mr. Baldwin received a prop gun that everyone including Plaintiff and defendant Mr. Baldwin expected to be ‘cold,’ while at the same time stating that Mr. Baldwin’s conduct was intentional in accidentally firing a live round,” the filing claims.
Hutchins was struck by a bullet from a firearm that was being handled by Baldwin, an actor and producer for “Rust,” on the movie’s set in Santa Fe, N.M.
Baldwin has said he was told the prop was a “cold gun,” indicating it didn’t have live ammunition, when it was given to him that day.
The lawsuit, which names Baldwin and his fellow “Rust” producers, was filed in November by script supervisor Mamie Mitchell. She claims she experienced pain and ringing in her ears after the gun was fired, according to Variety. She also says she experienced emotional trouble after the incident.
In their filing, Baldwin said there’s “nothing about Plaintiff’s allegations” that suggests anyone named in the suit “intended the Prop Gun to be loaded with live ammunition.”
“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,” the filing says.
Officials have not charged anyone in connection with the incident, and are searching for answers for why live ammunition was on the set.
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