Petition filed for ‘Rust’ cinematographer Halyna Hutchins’ estate under wrongful death act

A petition has been filed by a woman seeking personal representation of the estate of Halyna Hutchins, the cinematographer who was killed on the set of Alec Baldwin‘s film “Rust.”

On Wednesday, a woman named Kristina Martinez filed the petition through her attorneys to be appointed to the estate “solely for the purpose of investigating and pursuing a lawsuit under the New Mexico Wrongful Death Act in the courts of New Mexico.”

Hutchins lost her life on October 21, 2021, on the set of the Western film when a gun unexpectedly discharged. She was 42. The bullet also injured the movie’s director Joel Souza.

“Petitioner seeks appointment as personal representative pursuant to the Wrongful Death Act for the purpose of investigating, and potentially filing and litigating, a wrongful death lawsuit,” the court filing stated.

ALEC BALDWIN, ‘RUST’ PRODUCERS FILE TO DISMISS LAWSUIT, ALLRED SAYS NOT SO FAST

A gun was unexpectedly discharged while rehearsing a scene of the film "Rust," resulting in the death of cinematographer Halyna Hutchins.

A gun was unexpectedly discharged while rehearsing a scene of the film “Rust,” resulting in the death of cinematographer Halyna Hutchins.
(Mat Hayward/Getty Images for AMC Networks)

According to the court documents, Martinez claimed that her petition is supported by Hutchins’ husband, Matthew Hutchins, and their minor son, Aldous Hutchins. Reps for the Hutchins family had no comment when reached out by Fox News.

Wednesday’s filing comes shortly after Baldwin, a producer and actor on “Rust,” as well as his fellow producers on the film, filed to dismiss one of the lawsuits taking aim at them. In a motion obtained by Fox News, Baldwin, 63, and other producers have requested that the court toss the complaint “without leave to amend.”

The suit was originally filed in November by script supervisor Mamie Mitchell – who is being represented by famed attorney Gloria Allred following the events that led to the death of Hutchins and injury of Souza.

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In her suit, Mitchell claimed assault, intentional infliction of emotional distress, and deliberate infliction of harm.

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In response, Allred told Fox News via email: “The defendants who filed the demurrer are trying to avoid explaining their conduct before a judge and a jury in a court of law. We intend to vigorously oppose their demurrer, and we believe that we should be allowed to proceed.”

Fox News’ Nate Day contributed to this report.

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