A judge on Friday ordered Alec Baldwin to face a civil trial in October over whether he negligently fired a gun on the set of “The Last.”
Baldwin’s manslaughter case was dismissed in July 2024 after a judge ruled that prosecutors had withheld evidence. However, it continues to face several lawsuits over the October 2021 shooting in Santa Fe, New Mexico, which led to the death of cinematographer Halina Hutchins.
Director Serge Svetnoy, who was present on set, claimed that Baldwin and the producers’ negligence caused him emotional distress. Baldwin said he did not know the gun was loaded with live ammunition (a serious violation of safety regulations) and did not pull the trigger.
In a summary judgment ruling Friday, Los Angeles Superior Court Judge Maurice Reiter allowed the case to proceed to trial. He rejected arguments by Last Movie Productions and Baldwin’s defense that they were not legally responsible for safety on set.
“A reasonable jury could find that Mr. Baldwin recklessly disregarded the possibility of causing emotional distress by pointing the gun in someone’s direction with his finger on the trigger,” the judge wrote.
Svetnoy was not injured in the shooting, but claims he felt a hiss from the gunfire and heard a loud bang. The judge found no evidence that Baldwin intended to harm anyone and dismissed the assault claim.
But if the case goes to trial and is not resolved the first time, Baldwin will once again face questions about whether he acted recklessly by pointing the gun at the crew and pulling the trigger.
“Mr. Baldwin is the last line of defense,” John Upton, Mr. Svetnoy’s lawyer, argued at Friday’s hearing. “Guns generally don’t fire themselves.”
The judge granted claims for punitive damages, negligence and intentional infliction of emotional distress. Last Movie Productions argued that Mr. Svetnoy’s claim should be referred to workers’ compensation, but Mr. Reiter rejected that claim, saying the company had no employees and therefore could not show that workers’ compensation was available.
“We are satisfied with the court’s decision,” Upton said outside court. “And let’s see where it goes from here.”
The trial was scheduled to begin May 26, but both parties asked for an extended continuance to pursue further discovery and discuss potential settlements. Noting that the case dates back nearly five years, Reiter set the trial for Oct. 12 and said he would not tolerate any further delays.
The judge said, “I’m a little worried that this case will go on and on, even though it should be heading towards a resolution.”
