Judge Leaning Toward Tossing Two Claims Against Some ‘Rust’ Producers

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A judge has indicated he is poised to dismiss two causes of action against some producers of the film “Rust” brought in a lawsuit by a script supervisor who was standing next to cinematographer Halyna Hutchins when she was fatally shot with a prop weapon fired by actor Alec Baldwin on the movie’s set.

Los Angeles Superior Court Judge Michael E. Whitaker issued a tentative ruling saying he is leaning toward tossing Mitchell’s claims for assault and battery and intentional infliction of emotional distress against defendants Rust Movie Productions LLC, Thomasville Pictures LLC, Ryan Smith and Langley Cheney.

The judge said that although he found Mitchell’s allegations against Baldwin to be “legally sufficient” with respect to those causes of action, the plaintiff’s lawyers are obligated under New Mexico law to show the four defendants knew that Baldwin was going to point and fire the loaded weapon towards Mitchell and provided the actor “either substantial assistance or encouragement” to do so.

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