Wade Clark Mulcahy LLP

<p style="text-align: justify;">In a well-publicized incident which took place in October 2021, cinematographer Halyna Hutchins was shot and killed by actor Alec Baldwin on the set of the movie “Rust.” On February 15, 2022, the Hutchins family filed a wrongful death lawsuit in New Mexico’s 1^st Judicial District Court against the movie’s producers and certain cast and crew members, including Alec Baldwin.</p>
<p style="text-align: justify;">At the time of the accident, Baldwin and Hutchins were rehearsing a “line up” shoot-out scene in an old, abandoned church. Baldwin was seated approximately four feet away from Hutchins when he pointed a revolver at her, causing it to discharge. According to the Complaint, “the sole purpose of a line up for this scene was to confirm the positioning, frame and focus of the cameras for a close-up shot of Baldwins’ hand and the revolver he was holding. It is alleged that “Baldwin’s possession of a real revolver, let alone a revolver loaded with any ammunition at all, was unnecessary to achieve this purpose.” The Complaint alleges that Baldwin refused training for the “cross-draw” maneuver he was performing when the weapon discharged.</p>
<p style="text-align: justify;">Though Baldwin fired the bullet that killed Hutchins, Plaintiffs assert claims for recklessness and negligence against numerous others involved in the production. More specifically, the defendants were allegedly aware of several firearm safety issues and complaints on the set, took cost cutting measures and failed to remedy the situation or take adequate precautions for firearm safety.</p>
<p style="text-align: justify;">This high-profile lawsuit will include a complex negligence analysis involving the culpability of numerous parties, including whether Ms. Hutchins should have some responsibility for the accident which caused her death. Several other lawsuits have been filed by cast members and it is unlikely that meaningful discovery will take place while a decision regarding potential criminal charges is pending. WCM will monitor the litigation and report on any significant developments.</p>
<p style="text-align: justify;">Thank you to Alexandra Deplas for her contribution to this post. Please contact <a href="mailto:agibbs@wcmlaw.com">Andrew Gibbs</a> with any questions.</p>