A Los Angeles Superior Court judge has ruled that “Rust” script supervisor Mamie Mitchell can pursue her negligence and other claims against Hollywood star Alec Baldwin, who fired a loaded gun on the New Mexico set of the indie Western last year that killed cinematographer Halyna Hutchins and wounded director Joel Souza.
Tuesday’s ruling comes as the Santa Fe District Attorney continues to scrutinise the police report about the fatal shooting, which occurred on October 21, 2021, at Bonanza Creek Ranch, reports “Deadline”.
Baldwin had filed a motion to be removed from the civil lawsuit filed in November 2021 by Mitchell, who was standing near Hutchins and Souza when the gun Baldwin was holding fired.
Judge Michael E Whitaker also denied a motion from Baldwin and his El Dorado Pictures Inc. to strike the script supervisor’s claim for punitive damages.
“Accordingly, the court finds plaintiff’s allegations in the SAC (second amended complaint) demonstrates alleged despicable conduct carried out by the demurring defendants with a wilful and conscientious disregard of the rights or safety of other sufficient to withstand a motion to strike,” the judge wrote in his final ruling.
“We are very happy that we won, and that the court permitted us, over the objection of Alec Baldwin, to proceed in our lawsuit against him on our theories of assault, intentional infliction of emotional distress and negligence,” said Gloria Allred, one of Mitchell’s attorneys in the case.
“In addition, the court, over Baldwin’s objection, allowed us to proceed against him for punitive damages.”
Lawyers for Baldwin and El Dorado did not respond to a request for comment.