OLGA SOLOVEY, AN INDIVIDUAL, ET AL. VS RUST MOVIE PRODUCTIONS, LLC., A DOMESTIC LIMITED LIABILITY COMPANY, ET AL.

On February 9, 2023, Olga Solovey, Anatolii Androsovych, and Svetlana Zemko (collectively, “Plaintiffs”), represented by John C. Carpenter of Carpenter & Zuckerman; Gloria Allred of Allred, Maroko & Goldberg; and Victor Alexandroff of Alexandroff Law Group, filed a civil lawsuit against Rust Movie Productions, LLC, Alexander R. Baldwin III, El Dorado Pictures, Inc., Ryan Donnell Smith, Langley Allen Cheney, Thomasville Pictures, LLC, Anjul Nigam, Brittany House Pictures, Hannah Gutierrez-Reed, Seth Kenney, and others (collectively, “Defendants”), seeking compensatory relief with civil penalties for alleged negligent intentional acts and/or omissions resulting in fatal injury and emotional distress. This case was filed in the Superior Court of the State of California for the County of Los Angeles, with Judge Michael E. Whitaker presiding.

In the complaint, the plaintiffs alleged, “On October 21st, 2021, on the set of the production, ‘Rust,’ Defendant ALEXANDER R. BALDWIN III (‘Alec Baldwin’/’DEFENDANT BALDWIN) fired a loaded gun containing a live bullet killing Director of Photography Halyna Hutchins and injuring others who were standing in the line of fire when the gun went off.”

Plaintiffs then alleged, “DEFENDANT BALDWIN committed battery against Halyna Hutchins by intentionally acting, without just cause, when pointing and discharging a loaded gun towards her that resulted in Halyna’s death.”

The plaintiffs then alleged that “the conduct of DEFENDANT BALDWIN when he pointed and discharged a loaded gun at Halyna Hutchins that killed her constituted extreme and outrageous conduct under the facts and circumstances of the ‘Rust’ filmmaking.”

The plaintiffs further alleged, “DEFENDANTS, including, without limitation, DEFENDANT PRODUCERS, further had the duty to coordinate, create, and execute safety protocols and supervision for filming so as not to increase the safety risks associated with filming ‘Rust,’ a western genre film utilizing numerous weapons, including, without limitation, the gun used by DEFENDANT BALDWIN at issue in this lawsuit.”

Plaintiffs also alleged that “despite knowing that the filming of ‘Rust’ presented serious safety concerns involving ultrahazardous activities related to the use and storage of numerous firearms due to its western-inspired theme, DEFENDANTS, including, without limitation, DEFENDANT PRODUCERS, intentionally opted to produce ‘Rust’ on a low budget that was known to create unsafe conditions for movie production crew members and failed to secure weapons and ammunition.”

Additionally, the plaintiffs alleged, “The events that led to the shooting by Alec Baldwin of a loaded gun constituted intentional acts and/or omissions, without any just cause or excuse, by him and the Producers of ‘Rust.’ Mr. Baldwin chose to play Russian Roulette with a loaded gun without checking it and without having the Armorer do so. His behavior and that of the Producers on ‘Rust’ were intentional acts and/or omissions, without any just cause or excuse and with utter disregard of the consequences of said acts and/or omissions. The fact that live ammunition was allowed on a movie set, that guns and ammunition were left unattended, that the gun in question was handed to Alec Baldwin by the Assistant Director who had no business doing so, and that safety bulletins were not promulgated or ignored, coupled with the fact that the scene in question did not call for a gun to be fired at all, makes this a case where injury or death was much more than just a possibility – it was a likely result.”

Plaintiffs presented four claims for relief, including claims for alleged battery, intentional infliction of emotional distress, and negligence.

In the prayer for relief, the plaintiffs requested an award of compensatory and punitive damages as well as civil penalties with pre- and post-judgment interest.

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