Serge Svetnoy, who was a gaffer on the movie set, has alleged that he had emotional distress because of the negligence of Baldwin in the shooting.
A judge has ordered that actor Alec Baldwin will face a civil trial for alleged negligence in the "Rust" shooting, where he fired a gun on the movie set, killing cinematographer Halyna Hutchins.
The decision comes after his manslaughter case was dismissed. Serge Svetnoy, who was a gaffer on the movie set, has alleged that he had emotional distress because of the negligence of Baldwin in the shooting, per Variety.
Baldwin has claimed that he did not know a live round was in the chamber of the gun when it was fired on the set, which would be a breach of protocol for safety. He also has claimed that he didn't pull the trigger on the gun.
Los Angeles Superior Court Judge Maurice Leiter ordered that the case will proceed to trial and rejected claims from the defense lawyers for Rust Movie Productions and Baldwin that they were not responsible for the safety on the movie set.
“A reasonable jury could find that Mr. 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 judge wrote in the order.
Svetnoy was not injured from the shooting, but said that he heard the firing or the gun as well as a loud bang. The judge, however, threw out the gaffer's claim of assault. Despite not being found guilty in his first trial, Baldwin will have to face the system again and face questions about if he acted recklessly when he was holding the gun and shot Hutchins.
“Mr. Baldwin is the last line of defense,” argued John Upton, the attorney for Svetnoy. “Guns generally do not shoot themselves.”
The trial is set for October 12 after the parties asked for an extension to pursue further discovery “I’m a little concerned about this case going on and on and on when it should be coming to a resolution,” the judge said.
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