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LOS ANGELES (CNS) - A judge has lifted a stay of parts of a lawsuit against Alec Baldwin and his company El Dorado Pictures stemming from the accidental fatal shooting of cinematographer Halyna Hutchins with a bullet fired by the actor/producer from a prop weapon.
Los Angeles Superior Court Judge Maurice Leiter issued the ruling Friday regarding plaintiff Serge Svetnoy's case. Leiter had put Svetnoy's lawsuit on hold Jan. 4 because Baldwin's deposition testimony could have been used against him in the criminal case in New Mexico in which Baldwin was charged with involuntary manslaughter in Hutchins' death.
However, on July 12, a New Mexico judge dismissed the criminal case against Baldwin in mid-trial on grounds that the prosecution had suppressed evidence.
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 an amended complaint, Svetnoy added causes of action for assault and intentional infliction of emotional distress against the 66-year-old Baldwin only.
Svetnoy alleges Baldwin "willfully disregarded the laws of New Mexico when he acted as alleged herein with the loaded Colt revolver" and says he felt the bullet whiz by him and that gunpowder and other residual materials struck the right side of his face.
As a result of Baldwin's "pointing and subsequently discharging the gun towards him, (Svetnoy) has suffered compensable damages including ... physical injury and extreme and severe emotional distress," according to the amended suit, which further states that the actor's actions were taken with "utter disregard" for the plaintiff's safety.
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.
Svetnoy wrote on social media days later that he witnessed the shooting and comforted the bleeding Hutchins until paramedics arrived. He immediately deemed the shooting an act of negligence, saying armorer Hannah Gutierrez-Reed and assistant director David Halls both failed to check the weapon before declaring it safe and passing it to Baldwin.