Alec Baldwin has asked for a lawsuit filed by the parents and sister of “Rust” cinematographer Halyna Hutchins to be tossed out — calling the legal action “especially misguided.”
In court papers filed last week, the 65-year-old actor claimed the suit filed by Hutchins’ family should be dismissed because they had been distant from the cinematographer in the years leading up to her October 2021 film set death.
“The loss of a daughter and sister is undoubtedly painful in any circumstance. Yet Plaintiffs — who had been distanced from Halyna physically, financially, and emotionally for years before her death — have no viable cause of action against Defendants,” Baldwin’s motion to toss the suit says.
“This action is especially misguided.”
Hutchins, 42, died after Baldwin’s prop gun accidentally discharged a live round and struck her in the chest while filming the western film in Santa Fe, New Mexico on Oct. 21, 2021.
Baldwin argued in the court documents that he had already reached a settlement with Hutchins’ husband, Matthew Hutchins, in October last year.
“She left behind a husband and a son in California, who promptly filed claims in New Mexico for wrongful death and loss of consortium. Matthew Hutchins and Alec Baldwin, both operating under the specific desire to honor her legacy and do what is best for Halyna’s son, reached a settlement in October 2022,” the court filing states.
“That should have been the end of the matter,” it adds, “but it is not.”
The cinematographer’s relatives — Olga Solovey, Anatolii Androsovych and Svetlana Zemko — subsequently filed a lawsuit against Baldwin and a slew of others in February, seeking compensation for infliction of emotional distress, negligence and a loss of consortium.
Baldwin argues that under California law, a loss of consortium can only be claimed when it involves a marriage.
“None of the Plaintiffs can plead or prove such a relationship to Halyna Hutchins. And even if New Mexico law were to apply, Plaintiffs’ cause of action would still fail, as Plaintiffs’ complaint provides nothing more than a single conclusory statement, that, no matter how often it is repeated, cannot support a sufficiently close relationship under the law, as required by New Mexico law to state a claims for loss of consortium,” the court docs state.
The court filing also notes that the relatives are all Ukrainian citizens who live in, or near, Kyiv.
The latest legal response comes after Baldwin, as well as movie armorer Hannah Gutierrez-Reed, pleaded not guilty to charges of involuntary manslaughter in Hutchins’ shooting death.
The charges carry a maximum penalty of 18 months in prison and fines.
Baldwin was initially facing up to five years in prison, but scored a major legal victory after the Santa Fe District Attorney’s Office announced they were dropping the gun enhancement charge against him.
A weekslong preliminary hearing next month will decide whether evidence against Baldwin and Gutierrez-Reed is sufficient to proceed to trial.
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