Lawyers for the script supervisor for the film “Rust” have responded to a renewed motion by attorneys for Alec Baldwin and his production company seeking to dismiss the portions of the plaintiff’s suit against their clients, arguing in new court papers that the actor’s liability is obvious and supported by a previous court ruling.

Plaintiff Mamie Mitchell was standing nearby when Baldwin accidentally shot and killed cinematographer Halyna Hutchins and wounded the film’s director, Joel Souza, a year ago Friday in a replica church on the “Rust” movie set in New Mexico, according to Mitchell’s suit, which alleges she suffered physical and emotional damages.

“As an actor, Baldwin is liable for (Mitchell’s) damages because he intentionally and without just cause or excuse, cocked and fired the loaded gun towards Ms. Mitchell, Ms. Hutchins and Mr. Souza that caused (Mitchell’s) injuries…,” according to the script supervisor’s lawyers, who also state in their latest court papers filed Wednesday in Los Angeles Superior Court that the same argument supports her claim for punitive damages.

Mitchell lives in New Mexico and the events occurred in that state, so her argument for keeping her claims for assault, negligence and intentional infliction of emotional distress against the 64-year-old Baldwin and El Dorado are being made under New Mexico law. She also is asking that Baldwin’s motion to strike her claim for punitive damages be denied.

Attorneys for Baldwin and his production company, El Dorado Pictures, filed court papers Sept. 2 asking that their clients be dismissed as defendants in the most recent version of Mitchell’s suit filed Aug. 3. The lawyers also state that California law governs the issue of punitive damages and that they should be stricken from Mitchell’s case, alleging she has failed to show any intentional or despicable conduct by Baldwin.

The Baldwin/El Dorado attorneys further argue in their court papers that Mitchell does not explain how the actor, his company or any of the other defendants owed a duty of care to her that made them negligent.

The gun held by Baldwin “accidentally and unexpectedly discharged a live round, injuring director Joel Souza and leading to the death of cinematographer Halyna Hutchins,” the Baldwin/El Dorado lawyers further maintain in their court papers.

But in their new court papers, Mitchell’s lawyers maintain that Judge Michael E. Whitaker made rulings involving other defendants on Sept. 16 that solidify all their claims against the actor.

“For pleading purposes, the court finds (Mitchell’s) allegations, taken together, establish extreme and outrageous conduct on the part of Baldwin in reckless disregard of (Mitchell) that caused (her) extreme and severe emotional distress,” the judge stated in an excerpt from his ruling included in Mitchell’s new court papers.

Because the same version of the lawsuit is at issue in the upcoming Baldwin/El Dorado dismissal motion as was considered in the Sept. 16 hearing, the court should similarly find that Mitchell can proceed with her causes of action, her attorneys argue in their court papers.

A hearing on the renewed motions by Baldwin and El Dorado to dismiss the allegations and strike Mitchell’s claim for punitive damages is scheduled Nov. 1 before Whitaker.

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