LOS ANGELES — Alec Baldwin and his company El Dorado Pictures want a judge to dismiss all or some of the claims filed by a lighting technician on the film "Rust" who says he suffered emotional distress from the fatal shooting of cinematographer Halyna Hutchins in New Mexico in 2021.

What You Need To Know

  • Alec Baldwin and his company El Dorado Pictures want a judge to dismiss all or some of the claims filed by a lighting technician on the film "Rust"

  • Serge Svetnoy says he suffered emotional distress from the fatal shooting of cinematographer Halyna Hutchins in New Mexico in 2021

  • Svetnoy was not injured and although he understandably says he suffered mental anguish, "the same can be said for many people who were on the set that day," according to Baldwin's attorneys' court papers

  • Last July 12, a New Mexico judge dismissed the criminal case against Baldwin in mid-trial on grounds that the prosecution had suppressed evidence

In court papers filed Thursday with Los Angeles Superior Court Judge Maurice Leiter in advance of a July 25 hearing, Baldwin's lawyers argue there are no triable issues in Serge Svetnoy's case against the 67-year-old actor. The motion asks that the judge alternatively toss some of the causes of action if he decides others can proceed to trial.

"In October 2022, Mr. (Matthew) Hutchins and Alec Baldwin, both intending to honor (Halyna's) legacy and do what is best for Halyna's son, reached a settlement," the actor's attorneys state in their court papers. "That should have been the end of the matter. But it was not."

Svetnoy alleges he was injured based solely on his being close by when a prop gun went off and the live round, which should not have been in the gun and for which those responsible for it had just told Mr. Baldwin that it was unloaded, traveled in front of the gaffer, Baldwin's lawyers further state in their pleadings.

Svetnoy was not injured and although he understandably says he suffered mental anguish, "the same can be said for many people who were on the set that day," according to Baldwin's attorneys' court papers.

Nonetheless, Svetnoy cannot recover damages because his claims belong in the workers' compensation arena whether New Mexico or California law is applied, the Baldwin lawyers further state.

In addition, Baldwin was not negligent because he was not responsible for safety, particularly as to prop guns, on the "Rust" set, according to the actor's lawyers' court papers, which further state that there also is no evidence of intentional acts to support Svetnoy's claims for assault or emotional distress.

Lastly, there are no facts showing Baldwin acted with malice to back the technician's request for punitive damages, according to Baldwin's lawyers' pleadings.

Svetnoy claimed in his original suit filed in November 2021 that the shooting on the film's set "was caused by the negligent acts and omissions" of the multiple defendants in his suit. In a subsequent amended complaint, Svetnoy added causes of action for assault and intentional infliction of emotional distress against Baldwin only.

Svetnoy was among the first "Rust" crew members to publicly speak out about the shooting that killed the 42-year-old Hutchins while Baldwin was helping to prepare camera angles on the film's set near Santa Fe. The weapon, which was supposed to contain only blank rounds, discharged a lead bullet that struck Hutchins in the chest then lodged in the shoulder of director Joel Souza, now 51.

Last July 12, a New Mexico judge dismissed the criminal case against Baldwin in mid-trial on grounds that the prosecution had suppressed evidence.