Alec Baldwin Seeks Dismissal From Fatal 'Rust' Shooting Lawsuit

LOS ANGELES, CA — Alec Baldwin is seeking an exit from a lawsuit filed by the parents and sister of Halyna Hutchins, the 42-year-old cinematographer who was fatally shot when a prop gun wielded by Alec Baldwin discharged on the movie set in New Mexico in 2021.

The Los Angeles Superior Court lawsuit was filed Feb. 9 on behalf of Hutchins' mother, Olga Solovey; father, Anatolii Androsovych; and younger sister, Svetlana Zemko. All three are Ukrainian citizens, living near Kiev. The filing came just months after a separate legal action filed by Hutchins' husband was settled out of court for an undisclosed amount, with a stipulation that the filming of "Rust" would continue with Matthew Hutchins serving as a producer.

Attorneys for the 64-year-old actor filed court papers on Thursday with Los Angeles Superior Court Judge Michael E. Whitaker arguing that the four loss of consortium claims against Baldwin, three of which incorporate battery, intentional infliction of emotional distress and negligence, should be dismissed.

"This action is especially misguided," Baldwin's attorneys state in their court papers. " In California, a marriage between the plaintiff and the decedent is a necessary element for loss of consortium. None of the plaintiffs can plead or prove such a relationship to Halyna Hutchins."

The plaintiffs' causes of action would fail as well under the law in New Mexico, which recognizes loss of consortium claims outside of the marital relationship only in narrow circumstances where the claimant and the injured party share a sufficiently close relationship, the Baldwin lawyers state in their court papers.

In addition, the parents and sister do not allege Hutchins was a member of their household, that she was involved in their day-to-day decisions or that she was a part of their fulfillment of everyday requirements "given the continental distance between them," the actor's lawyers state in their court papers.

Baldwin has repeatedly denied culpability in Hutchins' death, which occurred Oct. 21, 2021, inside a church building on the Western set of "Rust" outside Santa Fe. Baldwin was wielding a prop gun, helping set up camera angles for an upcoming scene, when the weapon discharged, killing Hutchins and wounding director Joel Souza, now 49.

Baldwin has insisted that he was told the gun wasn't loaded when it was handed to him. He also contends that while he pulled back the hammer of the weapon, he never pulled the trigger.

Regardless, the actor was charged in January with involuntary manslaughter, as was armorer Hannah Gutierrez-Reed, herself a co-defendant in the suit by Hutchins' parents and sister.

Baldwin's attorney, Luke Nikas, previously called the charges "a terrible miscarriage of justice."

"Mr. Baldwin had no reason to believe there was a live bullet in the gun -- or anywhere on the movie set," Nikas said. "He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win."

A hearing on Baldwin's dismissal motion is scheduled July 13.

City News Service