The “Rust” film’s chief lighting technician can seek punitive damages against the movie’s assistant director in his negligence lawsuit that also names Alec Baldwin and multiple other parties stemming from the on-set 2021 fatal shooting of cinematographer Halyna Hutchins, a judge ruled Wednesday.
Hutchins, 42, was killed by a bullet fired by Baldwin from a prop weapon on the New Mexico set. Wednesday’s hearing dealt with plaintiff Serge Svetnoy’s claim for punitive damages and pre-judgment interest against David Halls.
Los Angeles Superior Court Judge Maurice A. Leiter denied Halls’ motion to dismiss both claims, but also said he will make a determination on Svetnoy’s entitlement to pre-judgment interest later in the case.
Svetnoy maintains he felt the whiz of the bullet that struck and killed Hutchins. In their court papers, Halls’ lawyers maintained there was no evidence Halls acted with “malice, oppression or fraud” and that the punitive damages claim should be discharged. The judge disagreed.
“Plaintiff alleges that Halls … acted with reckless disregard for the safety of crew members by failing to check the firearm for live ammunition and by telling the set that the firearm was `cold’ or unloaded,” Leiter wrote. “Plaintiff alleges (Halls) was aware of at least two prior unexpected gun discharges on the `Rust’ set. Plaintiff also alleges an overall indifference to gun safety on set. This is sufficient at the pleading stage to establish punitive damages.”
Svetnoy maintains the shooting “was caused by the negligent acts and omissions” of actor/producer Baldwin and other crew members.
The suit filed in November 2021 also states that gunpowder and other residual materials struck the right side of Svetnoy’s face.
Svetnoy was among the first “Rust” crew members to publicly speak out about the shooting of 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 and lodged in the shoulder of director Joel Souza, now 50.
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 Halls both failed to check the weapon before declaring it safe and passing it to Baldwin.
Gutierrez-Reed, 26, has pleaded not guilty in New Mexico to charges of involuntary manslaughter and evidence tampering in Hutchins’ death.