Mamie Mitchell, the script supervisor for the movie “Rust,” will not be able to make the bulk of her complaint against the film’s producers over a deadly shooting on set, a judge ruled Friday.
Los Angeles County Superior Court Judge Michael E. Whitaker decided that two of the three claims Mitchell brought against the producers — assault and intentional conflict of emotional distress — could not proceed, according to court documents.
The decision confirms a similar decision made in July. Mitchell filed a second amended complaint in August. The producers still face a minor claim of negligence, for which punitive damages cannot be sought.
The litigation is being closely watched as one of several civil cases being brought against the producers of the western, where Alec Baldwin accidentally discharged a prop gun that fatally wounded cinematographer Halyna Hutchins and injured director Joel Souza.
Baldwin and the producers have also been sued by engineer Serge Svetnoy and by the Hutchins family in New Mexico.
In her ruling Friday, Whitaker said Mitchell had to prove that the defendants (Rust Movie Productions, Thomasville Pictures, Ryan Smith and Langley Cheney) knew Baldwin was going to point and fire the loaded gun at her, and provided assistance. substance or encouragement to do so.
Plaintiff’s allegations do not establish that the producers “knew that Baldwin would aim and fire the loaded gun at plaintiff, so they would be jointly liable for their willful conduct. In fact, the plaintiff’s allegations would show the opposite: the only person who knew that Baldwin was going to fire the gun was Baldwin.”
Baldwin also faces claims of battery, intentional conflict of emotional distress and negligence in Mitchell’s complaint. A hearing on those claims will be held in November.
“We look forward to continuing our lawsuit against Alec Baldwin as it relates to the intentional causes of action we have specifically alleged against him,” Carlos Hernandez, attorney for Mitchell, said in a statement.
The actor and his representatives have previously denied that he acted recklessly or had any knowledge that the prop gun was loaded with live ammunition. They also noted that the responsibility for checking the weapon rested with the gunsmith, Hannah Gutiérrez Reed.