Halyna Hutchins family to sue Alec Baldwin
Svetlana Zemko declares the reasoning for her family's lawsuit stemming from the death of her sister who was shot dead on the set of "Rust." (Provided by attorney Gloria Allred)
Alec Baldwin requested a wrongful death lawsuit filed against him by the family of Halyna Hutchins be dismissed with prejudice on Thursday.
"The loss of a daughter and sister is undoubtedly painful in any circumstance," lawyers for the actor wrote in court documents obtained by Fox News Digital. "Yet Plaintiffs – who had been distanced from Halyna physically, financially, and emotionally for years before her death – have no viable cause of action against Defendants. This action is especially misguided."
Baldwin's legal team specifically noted that the plaintiff has to be married to the decedent in California law to receive compensation for a wrongful death. Additionally, the lawyers argued Hutchins' family could not prove a "sufficiently close relationship" with the cinematographer, which is necessary under New Mexico law.
His request was made to dismiss with prejudice. If granted, Hutchins' family would not be able to refile the claim.
In this handout image provided by the lawyer for Halyna Hutchins' family, Halyna Hutchins, left, is standing next to her mother, Olga Solovey, middle, and sister, Svetlana Zemkno. (Provided by attorney Gloria Allred)
A lawyer for Hutchins' mother, father and sister slammed Baldwin's attempt to "avoid responsibility" for the fatal shooting of the cinematographer in a statement to Fox News Digital.
"We are not surprised that Alec Baldwin is once again attempting to avoid responsibility for what he did," attorney Gloria Allred said. "It is abundantly clear under New Mexico law, which will be applied in the California court that he is responsible for all of the harm he did to the entirety of Halyna Hutchins’ family. We are here to make sure that he is held accountable for his actions."
Baldwin's team also requested a stay of proceedings until the criminal trial against him is completed.
Alec Baldwin has asked for the lawsuit to be dismissed with prejudice. (Dario Alequin for Fox News Digital)
Hutchins died on Oct. 21, 2021 after a gun Baldwin was holding fired on the set of "Rust." The group had been rehearsing a scene and Baldwin had been practicing cross-drawing the revolver.
The bullet struck Hutchins and director Joel Souza.
The wrongful death lawsuit was filed in February.
In this handout image provided by the lawyer for Halyna Hutchins' family, Halyna Hutchins, right, is standing next to her mother, Olga Solovey, while holding her son, Andros. (Provided by attorney Gloria Allred)
The lawsuit names Baldwin, producers of "Rust" and other defendants the lawyer argued are responsible for the death of Hutchins.
During a previous press conference about the lawsuit, Allred told reporters that Baldwin had not reached out to the family and offered an apology since the fatal shooting.
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In this handout image provided by the lawyer for Halyna Hutchins' family, Halyna Hutchins is standing next to her sister, Svetlana Zemko, left. (Provided by attorney Gloria Allred)
Hutchins' mother and sister made an appearance at the press conference via video, where they gave a statement for the first time. The video was translated from Russian to English.
"We are the sister and the mother of Halyna Hutchins. To lose my sister, at least personally for me, was a horrible experience," Hutchins' sister Svetlana Zemko said. "And it is one of the biggest losses of my life. And even more devastating is to see the utter suffering of our parents and how their health has sharply declined. It is for this reason that I would like those who are at fault, for somebody to carry that responsibility. And not just someone, but that very someone who is truly responsible for this. I believe to let this go and to leave this unpunished is unallowable."
Alec Baldwin reached a settlement with Halyna Hutchins' husband in October. (Santa Fe County Sheriff's Department)
A wrongful death lawsuit was previously filed against Baldwin and other key members of the production on Feb. 15, 2022, by Hutchins' husband Matthew Hutchins. The cinematographer's mother, father and sister were not included.
Matthew sued for punitive damages and funeral and burial expenses among other things originally to be determined at trial. However, on Oct. 5, Matthew announced the civil lawsuit had been settled pending court approval.
Lawyers for the parties involved met virtually for a hearing on Monday where they discussed sealing the settlement on behalf of Hutchins' minor son Andros Hutchins.
Judge Bryan Biedscheid granted the motion to seal.
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