Last October, an accident involving a gun on the Rust set and Alec Baldwin resulted in one fatality and one injury. Almost a month later, crew member Mamie Mitchell filed a lawsuit against Baldwin and now his legal team is moving to dismiss it completely.
Variety reports Alec Baldwin’s attorneys argued his case in a filing on Monday to throw it out. According to the outlet, the incident constituted a workplace accident. As such, they state New Mexico’s worker’s compensation system is responsible for any recompense. “Plaintiff alleges facts suggestive of negligence (i.e., a claim exclusively subject to New Mexico’s workers’ compensation system), not assault,” the attorneys declare.
“Nothing about Plaintiff’s allegations suggests that any of Defendants, including Mr. Baldwin, intended the Prop Gun to be loaded with live ammunition,” they continued. “Moreover, nothing about Plaintiff’s allegations suggests any of the Defendants knew the Prop Gun contained live ammunition.” Baldwin’s lawyers further state Mitchell suffered “no apparent physical injury.” On top of that, they say Mitchell “raced” to a California courthouse to get her claim in first.
Mitchell, Rust’s script supervisor, stated she stood only a few feet away from Baldwin during the event. She alleges she suffered pain, ringing in her ears, and emotional injuries. Additionally, Mitchell’s lawsuit says Alec Baldwin himself should have checked the gun. She also accuses the producers cut corners during filming, leading to unsafe working conditions.
For the uninitiated, the set offered Baldwin a supposed “cold gun,” meaning it only had dummy rounds for a scene. However, the gun possessed one live round and the firing of the firearm killed cinematographer Halyna Hutchins. Rust director Joel Souza also sustained injuries, though he luckily recovered since then.
Alec Baldwin Reportedly Faces Another Lawsuit by a Marine’s Family
Alec Baldwin’s lawyers may be moving to dismiss one lawsuit, but it looks like he’s facing another. Last year, a Marine died in Afghanistan in a suicide bombing and now his family claims Baldwin defamed them.
Specifically, the suit says Baldwin accused the family of being “insurrectionists” because the Marine’s sister was in Washington D.C., during the Capitol incidents last year. Yahoo! News states Lace Cpl. Rylee McCollum is the Marine who lost his life. His family suffered “false, outrageous, defamatory, irresponsible, and vindictive” accusations on social media platforms. These caused, and continue to cause, the family “severe emotional distress.” Incidentally, Baldwin previously donated $5,000 to McCollum’s widow and newborn daughter as a “tribute to a fallen soldier” last year.
On January 3, Roice McCollum, Rylee’s wife, posted a “throwback” photo of the Capitol riot last year. Baldwin’s account commented on it, inquiring if her family was the same he sent money to. During a brief exchange, Baldwin privately messaged her and accused her of being an “insurrectionist.” Afterward, McCollums’ lawsuit alleges Roice received “hostile, aggressive, hateful messages” from Baldwin’s followers.
The family seeks $25 million in damages for defamation, invasion of privacy, and negligence.