Dave Halls, assistant director on the movie “Rust,” countersued Alec Baldwin, and blamed crew members and Baldwin himself for the negligence that led to the shooting death of Halyna Hutchins.
Halls’ countersuit was filed in Los Angeles Superior Court on Friday, and is a response to Baldwin’s lawsuit filed against him in November. Baldwin alleged that Halls, armorer Hannah Gutierrez-Reed, prop master Sarah Zachry and ammunition supplier Seth Kenney were responsible for Hutchins’ death, according to The Hollywood Reporter. The newly filed documents reveal that Halls blames Baldwin and the crew for their “active and primary negligence,” which he believes led to the tragedy.
“Rust” first assistant director Dave Halls’ suit follows a lawsuit brought by Alec Baldwin that alleged the assistant director and other crew members negligently caused cinematographer Halyna Hutchins’ death by failing to follow proper safety procedures.https://t.co/IlqSLe8rLg
— Los Angeles Times (@latimes) December 20, 2022
Initial litigation was filed by script supervisor Mamie Mitchell who sued Baldwin and 22 others after the loaded gun was fired on set, killing Hutchins and injuring director Joel Souza, according to The Hollywood Reporter.
Mitchell alleged the set was riddled with safety issues and claimed gun regulations were not enforced due to the film’s shoestring budget. Halls argued that if Mitchell is victorious in court, Baldwin and the others named in his lawsuit should be liable for their apportionment of the blame. Halls is seeking a court order that would entitle him to compensation from everyone named in his suit if he is found liable for the injuries, according to The Hollywood Reporter.
“Each of the Cross-Defendants were negligently or tortiously responsible, in whole or in part, in some proportional relation to themselves and to Cross-Complainant, for the injuries, if any, allegedly suffered by Plaintiff,” the complaint reads. (RELATED: Alec Baldwin’s Instagram Tribute To Halyna Hutchins Evokes Mixed Fan Reaction)
“Rust” assistant director Dave Halls was fired from previous movie after a gun incident injured a crew member, a film production company tells CNN https://t.co/XuAUhCZPNs
— CNN Breaking News (@cnnbrk) October 25, 2021
“Further, that in the event Cross-Complainant be judged jointly liable with Cross-Defendants, each Cross-Defendant herein be required to pay to Cross-Complainant a sum equal to the proportionate share of monetary payments, if any there be, made to Plaintiff,” the complaint states, according to the outlet.
Halls referenced a written agreement, allegedly stating that he will be “indemnified and owed a duty of defense against any and all liabilities and costs arising out of personal injury, death or damage from the production,” according to The Hollywood Reporter. He claims he has had to personally pay for litigation associated with the shooting, the outlet noted.
Previous litigation filed blame Halls in part, as he allegedly handled the gun shortly before the incident, and is the person that reportedly handed it off to Baldwin, according to The Hollywood Reporter.
Previous litigation resulted in a judge dismissing claims of assault and battery. Los Angeles Superior Court judge Michael Whitaker ruled that Halls couldn’t have known what Baldwin’s actions with the gun would be. Mitchell still faces a claim for negligence and the prospect of punitive damages in the matter, according to The Hollywood Reporter.