Judge Approves Settlement Against Alec Baldwin, Rust
A New Mexico judge has approved a settlement on behalf of Halayna Hutchins, the cinematographer who was shot on set with a loaded gun that was mistaken for a prop gun. It remains unclear how any of that happened, but Baldwin faced criminal charges that were later dropped. Baldwin was accused of a repeated pattern of safety violations and charged with manslaughter over the death of Hutchins. Hutchins’s family filed a wrongful death lawsuit against Baldwin and his Rust Set and now, that lawsuit has reached a settlement.
Details of the settlement have not been made public, and it’s unclear that they ever will be. However, we do know that the settlement will set up structured annuities that will be paid out to Hutchins’s child once they reach 18 and 22 years of age. Hutchins’s widower was set up as an executive producer and the movie continued shooting in April.
Analyzing the allegations
For a moment, it looked as though Baldwin was going to have to face criminal charges. However, the lawsuit against Baldwin would have been difficult to win from a prosecutorial standpoint. The burden of proof in a criminal case is higher than the burden of proof in a civil case. In a criminal case, you must prove your case beyond a reasonable doubt. In a civil case, you must prove your case by a preponderance of the evidence. In other words, it has to be more likely than not. Hence why the criminal charges against Baldwin were dropped but the wrongful death suit ended in a settlement.
The allegations in both cases were roughly the same. They claimed that Baldwin as the primary producer was responsible for ensuring the safety of his employees and contractors. They further claimed that several lapses in employee safety led to the preventable death of a young woman who worked on the set. They both claimed that ultimately, Baldwin was responsible for overseeing a situation that led to an untimely death.
The only other barrier to filing a wrongful death lawsuit against Baldwin was the possibility that Hutchins was an employee of the Rust Set and not a contractor. If so, the lawsuit could have been quashed by employer’s immunity and leaving the family without recourse to sue. They could have still collected death benefits from workers’ compensation, but death benefits pay significantly less than a wrongful death lawsuit would.
Ultimately, in cases like this, it’s OSHA’s job to levy fines and hold accountable employers who do not sufficiently protect employees from known dangers. So the criminal charges were odd to say the least. The wrongful death lawsuit could have been quashed by employer immunity depending on whether Hutchins acted as an independent contractor or an employee and whether or not the site was covered by a workers’ compensation policy.
Talk to a Tampa, FL Personal Injury Lawyer Today
The Matassini Law Firm represents the interests of Tampa residents who have been injured by negligent parties. Call our Tampa personal injury lawyers today to schedule a free consultation and learn more about how we can help.
Source:
cnn.com/2023/06/01/entertainment/alec-baldwin-rust-civil-lawsuit-agreement/index.html
