Halyna Hutchins Wasn’t The First…And Won’t Be The Last

Contributing Author: John J. Perlstein

News of Rust Movie Productions LLC’s and Alec Baldwin’s settlement with the late cinematographer Halyna Hutchins’ estate broke last week, almost eight months after Attorney Brian Panish filed a wrongful death lawsuit against the Defendants. In October 2021, Hutchins was shot and killed by a prop gun on the set of Rust, which will resume production at the start of 2023 with Hutchins’ widow, Matthew, now an Executive Producer. Hutchins’ death was traumatic, and many are still wondering whether actor and producer Alec Baldwin pulled the trigger. “I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin). All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work,” said the surviving Hutchins.

Although unique in its circumstances, Halyna Hutchins’ accidental death is one of several tragic incidents that have spurred wrongful death lawsuits in Tinseltown. Recently, the likes of Kobe Bryant, Travis Scott, Suge Knight, Bill Paxton, Joel Silver, Naya Rivera, and Drakeo The Ruler have been subjects of wrongful death lawsuits. A wrongful death lawsuit is brought when one or many die as the result of negligent—not always criminal or intentional—acts. In California, the time one has (called the “statute of limitations”) to file a wrongful death lawsuit seeking compensation is generally two years (with some exceptions, including bringing a claim against a government entity). The statutes vary from state to state. In California, Code of Civil Procedure 377.60 governs wrongful death.

Let’s examine the circumstances surrounding some of these wrongful death lawsuits, which will demonstrate that we undoubtedly will see more and more of these types of lawsuits in the years to come.

In one of the most high-profile wrongful death lawsuits of the past few years, Vanessa Bryant sued Island Express Helicopters, the company that operated the helicopter that crashed killing Kobe Bryant, Gianna Bryant, and seven others. The complaint alleged that Island Express and/or the pilot Ara Zobayan “failed to properly monitor and assess the weather prior to takeoff,” “failed to abort the flight when he knew of the cloudy conditions,” and “failed to properly and safely operate the helicopter resulting in a crash.” Further, “Defendant Island Express Helicopters knew or should have known that its employee, Ara George Zobayan, had previously been cited by the Federal Aviation Administration (FAA) for violating the visual flight rules (VFR) minimums by flying into an airspace of reduced visibility from weather conditions.” All of these accusations amount to gross negligence and lack of proper care. Upon last year’s findings, National Transportation Safety Board (NTSB) Chairman Robert Sumwalt told CNN that “We feel that if certain recommendations (are) implemented, the likelihood of a crash goes down.” The case was settled under confidential terms last year.

The Travis Scott Astroworld tragedy that killed ten (plus one unborn baby) led to several wrongful death lawsuits being filed against Scott, Live Nation, Apple, Drake, and Epic Records among many others. There was no premeditation that led to these deaths, however, several precautions could have been taken to prevent this tragic day. Travis Scott’s reputation for inciting violence at his concerts should have led the concert producers and organizers to better control the crowd and implement enhanced safety measures in the event that things got out of hand. The victims’ loved ones believe that several parties could have done more to prevent the deaths, thus the multiple defendants in the lawsuit. In 2022, concert producers and promoters know that there is great risk in putting on concerts, especially when the performers have reputations for encouraging mosh pits, drinking, and general mayhem. People have been injured and died at concerts as far back as the 1960s at The Who, Guns n’ Roses, Pearl Jam, and Harry Styles concerts, among others, which provide precedent for doing whatever it takes to protect concert attendees. It is presumed that a portion of the cost of the concert ticket goes to security, and it is also presumed that the venue has strategic security plans in place. During the investigation phase of a wrongful death lawsuit, the best wrongful death attorneys will know which experts to hire to reconstruct accident sites, which are crucial when car accidents are involved, and how to interface with insurance companies. It is usually at this time that both sides start thinking about a settlement, particularly when a good plaintiff attorney exposes negligence and fault.

Earlier this year, a wrongful death lawsuit was filed on behalf of Drakeo The Ruler’s five-year-old son against Live Nation and other promoters of the Once Upon a Time In LA festival, citing a lack of “proper safety measures” after Drakeo was murdered. The lawsuit states that Drakeo was killed “at the hand of a violent mob of purported members of a Los Angeles-based Bloods gang.” The lawsuit goes on to say that his death was a “result of a complete and abject failure of all Defendants to implement proper safety measures in order to ensure the safety and well-being of the artists whom they invited and hired to their music festival.” The lawsuit slams the promoters and organizers for not having a strategic security plan in place since the gangsters had direct access to Drakeo in a restricted area.

Wrongful death lawsuits don’t always emerge from vehicular accidents or concert fiascos. Actor Bill Paxton died in 2017 from surgery complications leading to a stroke. Although the statute of limitations vary a bit when it comes to medical malpractice, Paxton’s wife and children claim that negligence and a lack of adherence to safety procedures killed the Big Love actor. The 2018 wrongful death lawsuit named Cedars-Sinai Medical Center in Los Angeles, surgeon Dr. Ali Khoynezhad, General Anesthesia Specialists Partnership, and anesthesiologist Dr. Moody Makar as Defendants. The Defendants, citing business decisions, settled with Paxton’s family this year. It appears that the costs of defending the lawsuit became untenable for the Defendants.

In 2015, Die Hard and Lethal Weapon producer Joel Silver was hit with a wrongful death lawsuit brought by the family of his former assistant, Carmel Musgrove, who drowned in Bora Bora with Silver, his family, and staff while vacationing and celebrating the honeymoon of actors Jennifer Aniston and Justin Theroux. Musgrove allegedly was supplied alcohol and cocaine by Silver’s chef, Martin Herold, who allegedly was in a romantic relationship with Musgrove. This year, Second District Court of Appeal panel ruled that Los Angeles Superior Court Judge Dennis J. Landin was correct in granting Silver’s motion to dismiss last year. In short, Silver was not liable for Musgrave’s death since it occurred on vacation and not during the course of employment. In this case, Silver was not found to be negligent and the lawsuit did not satisfy the elements of the claim.

In another wrongful death lawsuit involving a vehicle, Suge Knight was sued by Terry Carter’s widow, Lillian Carter, and his two daughters, Crystal and Nekaya, for a tragic incident that happened on the set of the 2015 film Straight Outta Compton involving Knight, Carter and Cle “Bone” Sloan. During an argument, Knight struck the two men with his truck, killing Carter. Knight is currently serving 28 years in federal prison after pleading no contest to the voluntary manslaughter of Carter. However, in the wrongful death civil suit, the jury was deadlocked 7-5 (needing 9 in favor of the plaintiff), leading to a mistrial. Universal Studios, and producers Ice Cube and Dr. Dre, were also named in the lawsuit because they were allegedly aware of the tension between Knight and Sloan.

In our final case study, involving a government entity (remember from above that the statute of limitations is different in a case against a governmental entity), Ventura County was sued for wrongful death in the Lake Piru drowning of Grammy-winning actress Naya Rivera. The suit was filed by the father of Rivera’s son as well as Rivera’s estate and her business manager. Several accusations of breaches of duty of care and negligence appeared in the complaint. In short, it was alleged that Ventura County, United Water Conservation District, and Lake Piru’s Parks and Recreation Management Company, which rented a pontoon to Rivera and her son Josey, did not equip the pontoon with proper safety devices; there were no warnings of Lake Piru’s “strong currents, low visibility, high winds, changing water depths, underwater caves, ledges, and drop-offs, or the trees, brush, and other debris that congest its waters due to vastly changing water levels and winds.” The lawsuit also stated that 26 people have drowned in Lake Piru since its recreational facilities opened. In short, it was alleged that Ventura County and the other entities did not take the proper care to warn people that Lake Piru poses certain dangers and that the boats they rent are not safe. A settlement was reached earlier this year.

In today’s world, it is hard to imagine that we will see a decrease in the number of wrongful death lawsuits in Hollywood. As long as there is negligence, breach of duty, causation, and quantifiable damages, wrongful death lawsuits and the courts will continue to be the best way for loved ones to seek justice for a death that might have been prevented. Investigation and the right experts are necessary to satisfy the burden of proof, which falls squarely on the people bringing the lawsuit. However, heeding the words of the NTSB’s Sumwalt, and studying the facts of the examples above, one would hope that future potential defendants would learn from the mistakes of others to help prevent unnecessary deaths.

John J. Perlstein is a wrongful death lawyer in Los Angeles. He has been bringing and litigating wrongful death lawsuits for over 25 years. He also handles personal injury claims, including those involving complex car accidents, motorcycle accidents, trips and falls, catastrophic injuries, and premises liability.