A judge on Friday ordered Alec Baldwin to face a civil trial in October over whether he negligently fired a gun on the set of “Rust.”
Baldwin’s manslaughter case was dismissed in July 2024, after the judge ruled that prosecutors had withheld evidence. But he continues to face a handful of lawsuits over the October 2021 shooting in Santa Fe, N.M., which led to the death of cinematographer Halyna Hutchins.
Serge Svetnoy, a gaffer who was on set, has alleged that he suffered emotional distress due to negligence on the part of Baldwin and the production. Baldwin has said he had no idea the gun was loaded with a live round — a grave breach of safety protocols — and that he did not pull the trigger.
In a summary judgment ruling on Friday, Los Angeles Superior Court Judge Maurice Leiter allowed the case to proceed to trial. He rejected defense arguments from Rust Movie Productions and Baldwin that they were not legally responsible for set safety.
“A reasonable jury could find that Mr. Baldwin recklessly disregarded the probability that pointing a gun in the direction of someone, with the finger on the trigger, would cause emotional distress,” the judge wrote.
Svetnoy was not injured in the shooting, though he has alleged that he felt a whoosh from the gunshot and heard a loud bang. The judge threw out his claim for assault, finding no evidence that Baldwin intended to harm anyone.
But if the case does proceed to trial — and is not settled first — Baldwin will again face questions over whether he behaved recklessly by pointing a gun at the crew and pulling the trigger.
“Mr. Baldwin is the last line of defense,” argued John Upton, Svetnoy’s attorney, at a hearing on Friday. “Guns generally do not shoot themselves.”
The judge allowed claims for punitive damages, negligence and intentional infliction of emotional distress. Rust Movie Productions argued that Svetnoy’s claims should be left to the workers compensation system, but Leiter rejected that argument, finding that the company did not have any employees, and had thus failed to show that workers compensation was available.
“We’re pleased with the court’s decision,” Upton said outside court. “And we’ll see where it goes from here.”
The trial was set to begin on May 26, but the parties asked for a lengthy continuance to pursue further discovery and discuss a possible settlement. Noting that the case is nearly five years old, Leiter set the trial for Oct. 12 and said he was not inclined to allow further delays.
“I’m a little concerned about this case going on and on and on when it should be coming to a resolution,” the judge said.
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