One ‘Rust’ Producer Dodges Some Claims in Suit From Script Supervisor

A Rust producer escaped some claims in a lawsuit from the movie’s script supervisor who argued that the producer was at fault over the on-set shooting in October that resulted in the death and injury of two crew members.

A Los Angeles judge on Thursday dismissed claims of assault and infliction of emotional distress against producer Anjul Nigam and his loan-out corporation, Brittany House Pictures, because the discharge of the gun was “unexpected.”

More from The Hollywood Reporter

• 'Rust' Rallied Hollywood, But Has Spurred Limited Action So Far

• Woody Allen Talks Making Movies in Streaming Era: "A Lot of the Thrill Is Gone"

• Alec Baldwin Set to Interview Woody Allen

In November, Mamie Mitchell sued Alec Baldwin along with 22 other producers, production companies, financiers and crew members after a loaded gun was fired on set, killing director of photography Halyna Hutchins and injuring director Joel Souza. She alleges a relationship between Baldwin and Nigam that makes the latter producer liable for the actor’s misfire. According to the suit, Nigam aided and abetted Baldwin in committing assault by providing him with the loaded gun. Mitchell also claims Rust producers shirked industry-wide norms related to the use of guns by cutting corners on safety to shoot the movie on a shoestring budget. She points to two other misfires before Hutchins was killed in which Baldwin’s stunt double accidentally fired a blank and a prop master shot herself in the foot.

Brittany House Pictures and Nigam have tried to distance themselves from the incident and the production. They maintain they didn’t know Baldwin’s gun was loaded with live rounds, moving to dismiss against them claims for assault and intentional infliction of emotion distress. “Defendants are not mentioned in the factual allegations, much less alleged to have been directly involved in any of the alleged conduct,” writes their attorney in a court filing. “The only allegation against Anjul Nigam and Brittany House Pictures is that they were producers of the film ‘Rust.'”

L.A. Superior Court Judge Michael Whitaker found that Nigam can’t be liable for assault because Mitchell didn’t allege facts sufficient to support the claim against Baldwin. If the actor didn’t assault Mitchell, then neither did Nigam, according to the order.

The judge emphasized Mitchell didn’t believe she was in danger prior to the incident, an essential element of claiming assault under New Mexico law. While the script supervisor was close to Baldwin when he fired the gun, the discharge was unexpected. “In short, Plaintiff alleges that she witnessed Baldwin ‘moving the loaded gun within approximately 4 feet in front of her’ but did not experience any fear or apprehension until after he fired it,” reads the order.

Mitchell’s claim for intentional infliction of emotional distress is premised around Rust producers disregarding safety requirements on set. She argues Baldwin’s conduct when he pointed and fired a gun toward her amounted to “extreme and outrageous conduct.”

The court, however, similarly found that the unexpected and accidental nature of the discharge defeats the claim. According to the order, Mitchell would have to allege that Baldwin knew he was going to fire a loaded weapon toward her and that Nigam provided him “substantial assistance or encouragement to do so.” Whitaker wrote, “While Plaintiff alleges that Demurring Defendants assisted Baldwin by supplying the loaded weapon, Plaintiff’s allegations fail to establish that Demurring Defendants knew Baldwin would aim and fire the loaded weapon towards Plaintiff such that they would be jointly liable for his intentional conduct.”

Mitchell was allowed an opportunity to replead the claims.

The veteran script supervisor, who was the first to sue, has worked on numerous movies with heavy gunplay, including Sicario: Day of the Soldado, 12 Strong and No Country for Old Men. She and the family of Hutchins, who are also suing, extensively detailed in their lawsuits a lackadaisical safety environment that they argue made a fatal accident imminent. The first misfire, which happened less than a week before the fatal shooting, occurred when props master Sarah Zachary inadvertently fired a blank round as she finished loading a 0.45 caliber revolver that was aimed at the ground. The second involved the stunt double for Baldwin, who said the gun “just went off.”

In April, a New Mexico safety agency penalized the producers of Rust for a “serious violation” of safety law. Investigators found that producers knew that firearm safety procedures weren’t being followed on set and demonstrated a “plain indifference” to the welfare of cast and crew. They issued the highest level citation and maximum fine allowable by state law of $136,793. Baldwin’s lawyer has said that the agency’s report “exonerates” his client.

The Santa Fe District Attorney’s Office has yet to charge anyone over the incident. Baldwin has maintained his innocence, saying on Twitter in June, “when the DA’s report comes out, you can apologize to me.”

Click here to read the full article.