Alec Baldwin Seeks Dismissal of ‘Rust’ Crew Member’s Lawsuit

variety.com:

Gene Maddaus Senior Media WriterAlec Baldwin’s attorneys argued in a filing on Monday that a lawsuit stemming from the “Rust” shooting in October should be thrown out because the shooting was a workplace accident.The filing marks the first time that Baldwin’s lawyers have laid out a legal argument for why he is not responsible in the Oct.

21 incident, which killed cinematographer Halyna Hutchins and wounded director Joel Souza. The Santa Fe County (N.M.) Sheriff’s Office continues to investigate, and no criminal charges have been filed.The filing comes in response to a suit brought by Mamie Mitchell, the film’s script supervisor, against Baldwin and other producers and crew members on Nov.

17. Mitchell was standing just a few feet away from Baldwin when he fired the gun and was the first to call 911. She alleges that she suffered pain and ringing in her ears as well as emotional injuries.

Baldwin’s attorneys argue that any recompense must come exclusively from New Mexico’s workers compensation system, which covers on-the-job accidents.“Plaintiff alleges facts suggestive of negligence (i.e., a claim exclusively subject to New Mexico’s workers’ compensation system), not assault,” the demurrer states.In interviews with investigators and ABC News, Baldwin has said he was told that he was holding a “cold gun,” meaning that it was loaded with dummy rounds.