Two of the remaining defendants in a lawsuit filed by a lighting technician on the film “Rust” who says he suffered emotional distress from the fatal shooting of cinematographer Halyna Hutchins by Alec Baldwin in 2021 are asking that the part of the case against them be transferred to another court with limited jurisdiction when it comes to damages, according to court papers obtained Friday.
In court papers filed with Los Angeles Superior Court Judge Karine Mkrtchyan in advance of a Dec. 4 hearing, attorneys for first assistant director David Halls stating that pretrial exchanging of information has shown that Serge Svetnoy has limited damages. A co-defendant, Rust Move Productions LLC, joined in the motion with court papers filed Wednesday.
“Plaintiff sought no medical treatment of any kind, has never consulted a health care provider for any injury he attributes to the incident, has never been diagnosed with any condition, takes no prescribed medication, has no work restriction and expressly disclaims any past lost earnings,” according to Halls’ attorneys’ court papers.
Svetnoy’s only monetary loss item is a “scratched pair of prescription eyeglass lenses,” the Hall lawyers further state in their court papers in which they additionally say the plaintiff cannot establish the $35,000 damages threshold needed to remain in a non-limited jurisdiction court.
Although Svetnoy alleges emotional distress and diminished earning capacity theory related to Hutchins’ death, he has no qualifying relationship for a legally cognizable claim, Halls’ lawyers further state in their pleadings.
The 68-year-old Baldwin and his company, El Dorado Pictures Inc.; Rust Movie Productions LLC, are the remaining defendants and trial of the suit is scheduled March 8, 2027. In an Oct. 23 status conference statement, Baldwin’s attorneys wrote that both their clients and Svetnoy have “expressed their desire to resolve this case prior to trial if possible.”
In July 2024, a New Mexico judge dismissed the criminal case against Baldwin in mid-trial on grounds that the prosecution had suppressed evidence. Svetnoy’s attorneys stated in previous court papers that a prior stay on the civil action effectively prevented the case from getting into full discovery mode until January 2025.
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 amended complaint, Svetnoy added causes of action for assault and intentional infliction of emotional distress against Baldwin only.
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 Souza, now 53.