Lawyers for Alec Baldwin have appealed to have the second lawsuit brought against the actor over the fatal shooting of cinematographer Halyna Hutchins thrown out.
Representatives said nothing in the allegations brought by script supervisor Mamie Mitchell suggested that anyone knew that the prop contained live ammunition leading up to the 'unprecedented' incident.
Mitchell's complaint includes claims of assault, intentional infliction of emotional distress, allegedly Baldwin 'chose to play Russian Roulette with a loaded gun without checking it.'
But in documents submitted to an LA court, Baldwin's lawyers hit back at claims saying nothing in the plaintiff's allegations suggested 'that any of the defendants intended the prop gun to be loaded with live ammunition.'
The fatal shooting occurred on the set of Rust, on location in Santa Fe, New Mexico, in November.
Lawyers for Alec Baldwin have appealed to have the second lawsuit brought against the actor over the fatal shooting of cinematographer Halyna Hutchins thrown out
Representatives said nothing in the allegations brought by script supervisor Mamie Mitchell suggested that anyone knew that the prop contained live ammunition leading up to the 'unprecedented' incident
Mitchell's lawsuit claims Baldwin fired the weapon when it was not called for in the script of the Western.
'Nothing about the plaintiff's allegations suggest that any of the defendants, including Mr Baldwin, intended the prop gun to be loaded with live ammunition,' lawyers said, in documents shared by US media outlets.
'Moreover, nothing about the plaintiff's allegations suggests any of the defendants knew the prop gun contained live ammunition.
The document also claims the 'absence of such allegations of course makes sense because the incident is apparently unprecedented in the filmmaking industry.'
This statement however appears to overlook other film set tragedies, including the fatal shooting of Brandon Lee in 1994's The Crow.
The fatal shooting occurred on the set of Rust, on location in Santa Fe, New Mexico , in November. Pictured: Baldwin (second from left) with fellow cast members and Hutchins (centre), who was a 42-year-old married mother-of-one
Production of Rust, whose set is pictured in the aftermath of the shooting, was canned in the wake of Hutchins' death
The submissions were made at Los Angeles Superior Court on January 24, court documents show.
Baldwin was previously accused of playing 'Russian roulette' when he fired the gun without checking it and without having an armorer do so in his presence, by Ms Mitchell's lawyer Gloria Allred.
'Alec Baldwin should have assumed that the gun in question was loaded unless and until it was demonstrated to him or checked by him that it was not loaded,' the filing added.
Mitchell and Allred echoed the allegations at a press conference in November last year.
'He had no right to rely upon some alleged statement by the Assistant
