Alec Baldwin.Photo: Dimitrios Kambouris/Getty
“Nothing about Plaintiff’s allegations suggest that any of Defendants, including Mr. Baldwin,intendedthe Prop Gun to be loadedwith live ammunition,” the document reads.
“Moreover, nothing about Plaintiff’s allegations suggests any of the Defendantsknewthe Prop Gun contained live ammunition,” the request, which was filed in a Los Angeles Superior Court on Monday, also states. “The absence of such allegations of course makes sense because the Incident is apparently unprecedented in the filmmaking industry.”
The defendants add, “Because all three of Plaintiff’s causes of action are based on allegations of negligence thatresulted in a workplace accident, they should be dismissed because her exclusive remedy is New Mexico’s Workers' Compensation Act (“NMWCA”) … not a civil action filed in California State Court.”
The court filing also says Mitchell’s “claims should be dismissed because she does not allege any facts whatsoever against” the defendants who, according to the filing, are not “even mentioned in the factual allegations, much less alleged to have been involved in intentional conduct.”
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Alec Baldwin.Jim Spellman/Getty
“Days before the shooting there were warning signs that there were dangerous conditions related to guns on the site, a camera operator had reported two gun discharges during a rehearsal in a cabin,” Mitchell’s lawyer Gloria Allred said during a November press conference. “Important industry safety protocols designed to ensure firearms would be safely used were ignored and actions were taken that were against all industry norms.”
Allred also addressed Baldwin, 63, saying, “In our opinion, Mr. Baldwin chose to play Russian roulettewhen he fired a gunwithout checking it and without having the armorer do so in his presence. His behavior and that of the producers onRustwas reckless.”
RELATED VIDEO: Brandon Lee’s Sister Shannon Calls for “Mandatory Gun Safety Training” on Film Sets AfterRustDeath
Earlier this month, Baldwin’s lawyer confirmed to PEOPLEthat he voluntarily turned over his cell phonein compliance with a search warrant in theRustinvestigation.
In December, Baldwin gave anemotional first interviewsince the tragedy, telling ABC News’George Stephanopoulosthat he thinks it’s “unlikely” he’ll personally face criminal charges and adding that he continues to cooperate in investigations.
“I don’t have anything to hide,” the formerSaturday Night Livestar said at the time.
Added Baldwin, “I want to make sure that I don’t come across like I’m the victim, because we have two victims here. All of what happened that day leading up to this event was precipitated on one idea, and that idea is that Halyna and I had something profound in common. That is we both assumed the gun was empty, other than those dummy rounds.”
source: people.com
