Attorneys for Alec Baldwin have asked a court to dismiss a civil lawsuit filed by script supervisor Mamie Mitchell who was on the set when the actor fatally shot cinematographer Halyna Hutchins.
In a filing in Los Angeles Superior Court on Monday, Baldwin’s attorneys said that the claim by Mitchell should be dismissed because there was no evidence that Baldwin or any of the producers had intended to harm. Baldwin had been the lead actor and a producer of the now-suspended American Western film.
In a lawsuit filed in November, Mitchell claimed that Baldwin should have checked the Colt 45 revolver he was holding to ensure it did not contain live ammunition. Baldwin claims the assistant director had told him the weapon was “cold”.
When the gun discharged as Baldwin rehearsed on the Rust set, the film’s director Joel Souza was left wounded and cinematographer Halyna Hutchins was killed.
Mitchell alleges assault, intentional infliction of emotional distress, and deliberate infliction of harm. She is seeking unspecified damages in the lawsuit filed in Los Angeles Superior Court, with her attorney saying on Tuesday that the claim should be allowed to proceed.