‘Rust’ script supervisor denies allegations against producer

Oxide Script supervisor Mamie Mitchell is dropping her lawsuit against the producers of a film that left two crew members dead and injured.

Mitchell said he will drop the causes of action for assault, battery and intentional infliction of emotional distress, leaving only the negligence claim. Under New Mexico labor law, workers who file a negligence claim against their employer are limited to worker’s compensation. However, Rust Movie Productions argued in its appeal of the ticket issued by the New Mexico Security Agency that it was not the employer responsible for overseeing the film set. Mitchell looking to keep Oxide A producer in this capacity, who eliminates damages in a civil action for negligence.

“Plaintiff argued an alternative auxiliary theory of liability against Defendant Rust Movie Productions, anticipating that he had argued in this case that he was Plaintiff Mitchell’s employer and as such the exclusive workers’ compensation remedy prevented Plaintiff from recovering those damages. “The case relates to your negligence cause of action,” wrote John Carpenter, who represents Mitchell, in a motion filed Wednesday. “In light of representations that he is not the employer associated with the filming of Rusty, the author agrees to dismiss his cause of action for willful misconduct.”

In November, Mitchell sued Alec Baldwin and others. Oxide Director Halina Hutchins was killed and director Joel Souza was injured after the producers fired a loaded gun on set. Among the defenses presented by Rust Movie Productions was that Mitchell’s workplace injury claims are prohibited under New Mexico law. As Mitchell’s employer, he argued that his “exclusive remedy for work-related injuries is workers’ compensation, not the civil court.”

Rust Movie Production’s stance on whether it was the film’s employer changed when the New Mexico Department of the Environment’s Office of Occupational Safety and Health issued the highest-level citation in April and the maximum fine allowed under state law of $100,000. 136,793 for various breaches of security protocols. Contrary to the findings, the company argued that it was not responsible for overseeing the film’s set. “The law properly allows producers to outsource critical functions, such as firearm security, to experts in the field and does not impose this responsibility on producers whose specialty is arranging financing and contracting shooting logistics,” the statement said.

Citing Rust Movie Production’s motion on the matter, Mitchell indicated that he would waive the assault, battery, and intentional infliction of emotional distress claims to file a malpractice claim “to simplify the claims in the present matter. ”

“Plaintiff agrees to dismiss affirmative action against Defendant Rust Movie Productions as he does not allege in this case that he is an employer contrary to his statements before the New Mexico Occupational Safety and Health Review Commission,” wrote Carpenter. .

A hearing on the matter is scheduled for September 14. Lawyers representing Mitchell and Rust Movie Productions did not immediately respond to a request for comment.

In July, Los Angeles Superior Court Judge Michael Whittaker dismissed allegations of intentional emotional distress and assault. Oxide Producer Anjul Nigam and his loan company, Brittany House Pictures, as the gun’s firing was “unexpected”. It turned out that the Nigams could not be held responsible for these allegations because Mitchell had not alleged enough facts against him against Baldwin. If the actor didn’t insult Mitchell, neither should Nigam, the judge concluded.