Los Angeles County Superior Court Judge Michael Whitaker ruled that Mamie Mitchell’s lawsuit can proceed with claims of assault, intentional infliction of emotional distress and negligence on the part of actor Alec Baldwin.Â
The actions by the Judge handed Baldwin a loss in his attempt to get a lawsuit filed by Mitchell tossed out. Mitchell’s suit accuses Baldwin of “recklessly” firing the gun that killed cinematographer Halyna Hutchins, 42, while filming the movie “Rust.” Mitchell was a script supervisor on the set and was standing near Hutchins during the shooting.
Judge Whitaker said, “For pleading purposes, the Court finds the second amended complaint alleges facts sufficient to establish despicable conduct carried out by [the defendants] with a willful and conscious disregard of the rights or the safety of others.”
“Accordingly, the court denies the motion to strike,” the judge concluded.
Baldwin still may face criminal charges in that case and has settled one civil lawsuit over the death.
Mitchell’s lawyer, Gloria Allred said, “We are very happy that we won, and that the court today permitted us, over the objection of Alec Baldwin, to proceed in our lawsuit against him on our theories of assault, intentional infliction of emotional distress and negligence.” She added, “Ms. Mitchell looks forward to her trail and obtaining justice.”
Baldwin’s attorney, Luke Nikas responded, “The Court was required to assume at this stage that Mitchell’s allegation against Alec Baldwin were true, even though they are demonstrably false, made in bad faith, and contradict her own prior statements about what happened.”
Nikas concluded, “We are pleased the court dismissed some of her claims and look forward to disproving the rest of her case, now that she can no longer shield her misrepresentations from the evidence.”
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