Actor Alec Baldwin will stand trial in a civil lawsuit stemming from the fatal 2021 shooting on the set of the film Rust, after a California judge ruled that key claims of negligence and emotional distress can proceed.
In a decision issued Friday, Los Angeles Superior Court Judge Maurice Leiter allowed two claims brought by crew member Serge Svetnoy to move forward: negligence and intentional infliction of emotional distress. Svetnoy, a gaffer on the New Mexico production, alleges he suffered severe psychological trauma after witnessing the shooting that killed cinematographer Halyna Hutchins.
Leiter wrote that a jury could reasonably conclude Baldwin acted recklessly by pointing a firearm toward others with his finger on the trigger. “A reasonable jury could find that Mr. Baldwin recklessly disregarded the probability” of causing emotional harm, the judge stated in his ruling.
The court also emphasized that while other crew members were responsible for firearm safety on set, that responsibility does not absolve Baldwin of a personal duty of care.
However, the judge dismissed Svetnoy’s assault claim, finding no evidence that Baldwin intended to harm him or others.
The incident occurred on October 21, 2021, during a rehearsal for Rust, when Baldwin discharged a Colt .45 revolver that he believed contained dummy rounds. The weapon instead fired a live bullet, killing Hutchins and injuring director Joel Souza, who later recovered.
Baldwin has consistently denied pulling the trigger, maintaining that the gun discharged without his direct action.
The case is one of several civil and criminal proceedings linked to the shooting. Lawsuits filed by Hutchins’ family and other crew members have largely been settled without admissions of wrongdoing.
In 2024, charges of involuntary manslaughter against Baldwin were dismissed with prejudice after the court found that prosecutors failed to disclose key evidence related to ammunition. The ruling barred any future prosecution on the same charge.
Meanwhile, the film’s armorer, Hannah Gutierrez-Reed, was convicted of involuntary manslaughter and sentenced to 18 months in prison for failing to follow safety protocols. Prosecutors argued she was responsible for introducing the live round onto the set.
Baldwin has since filed a separate lawsuit alleging malicious prosecution against officials involved in the criminal case. That matter remains pending, with defendants arguing they are shielded by prosecutorial immunity.
The newly advancing civil claims from Svetnoy now set the stage for a high-profile trial that will again scrutinize the circumstances surrounding one of Hollywood’s most tragic on-set incidents in recent history.
