Los Angeles Superior Court Judge Maurice Leiter ruled that the lawsuit brought by Rust gaffer Serge Svetnoy will proceed, with the trial set for October. The lawsuit will determine if Alec Baldwin negligently fired a loaded revolver on the Rust film set, and it is not barred by worker's compensation. According to the judge, a reasonable jury could find that Baldwin recklessly disregarded the probability that pointing a gun in the direction of someone, with the finger on the trigger, would cause emotional distress. The exact basis for the claim that Baldwin negligently fired the revolver remains unclear, as the case will hinge on evidence presented at trial.
The incident occurred on October 21, 2021, when cinematographer Halyna Hutchins was shot and killed on the set of Rust. Alec Baldwin has maintained that he had no idea the revolver he was handed on set had been loaded with live rounds, and he has denied ever pulling the trigger before Hutchins was killed. Rust's director, Joel Souza, was injured by the gunfire but survived. Serge Svetnoy heard a loud blast from the gunshot and felt a gust of air as it fired, but was not injured.
In a separate criminal case, a judge in New Mexico dismissed a manslaughter case against Alec Baldwin after determining that prosecutors had allegedly withheld potentially exculpatory evidence. The specific evidence allegedly withheld by prosecutors has not been disclosed publicly, and the current status of other legal cases or investigations related to the Rust shooting is unknown.
Serge Svetnoy is suing Alec Baldwin and Rust's production company for inflicting emotional distress due to alleged negligence. However, Judge Leiter threw out Svetnoy's claim that he had been assaulted. The specific allegations of negligence against Rust's production company have not been detailed in the ruling.
Alec Baldwin and the Rust team argued that they were not responsible for the on-set shooting, and they claimed there was no evidence that Baldwin had intended to harm anyone on set. John M. Upton, attorney for Serge Svetnoy, said in a press release that they are pleased with the court's decision to deny the motions for summary judgment brought by Rust Movie Productions and Alec Baldwin. He added that these rulings enable their client to present his case at a jury trial, now scheduled for October of this year, and that Svetnoy looks forward to finally having his day in court on this long-pending matter. At a press conference, Upton further stated that Baldwin is the last line of defense and that guns generally do not shoot themselves. Alec Baldwin's official response to the civil trial ruling has not been publicly announced.