Film crew death

[ACY Tom]

It seems that the criminal aspects of the case have been pretty much resolved, although I think the separate trial of the 1st Assistant Director is yet to be heard.  Correct me if I'm wrong about that.  I'm curious now about the lawsuits that have been filed against the perpetrators, the adjacent landowner (Rayonier), and CSX. I have never heard the identity of the person who told the film crew that only 2 trains would operate.  Assuming such a person exists (?), does he/she bear some liability?  Is he/she a representative of CSX or Rayonier?  We know CSX had no representatives on site.  Were there Rayonier personnel present?  If so, did they make any effort to stop the film crew from trespassing?

These are interesting questions.  Perhaps the biggest question is that of a court's decision regarding any real or imagined CSX liability.  I'd like to see CSX being exonerated (and I'm no fan of CSX re. other issues), then CSX make a generous donation to Operation Lifesaver or to a film set safety program in Sarah's memory.  As for the other defendants, they can fend for themselves. 

Tom

[mudchicken]

petitnj

And the NTSB statement " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." opens the flood gates for adjacent property owners to be sued if some fool crosses their property and gets killled on the tracks. 

 

Whatever contracts Rayonnier had with CSX are now in jeopardy for verifiable breach of contract if that/those contract(s) have the standard boilerplate language in them.

[Euclid]

petitnj

And the NTSB statement " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." opens the flood gates for adjacent property owners to be sued if some fool crosses their property and gets killled on the tracks. 

 

I wonder what were the "actions to facilitate the film crew's access to the bridge." 

[petitnj]

And the NTSB statement " Contributing to the accident was the adjacent property owner’s actions to facilitate the film crew’s access to the bridge and the CSX right-of-way." opens the flood gates for adjacent property owners to be sued if some fool crosses their property and gets killled on the tracks. 

[BaltACD]

http://www.bizjournals.com/atlanta/morning_call/2015/03/ntsb-trespassing-probable-cause-of-movie-set.html?ana=yahoo

NTSB report

http://www.ntsb.gov/investigations/AccidentReports/Pages/rab1501.aspx

[Deggesty]

BaltACD

 

Paul_D_North_Jr

rdamon

"As part of the plea deal, Director Randall Miller will spend two years in the county jail and another eight on probation on involuntary manslaughter and criminal trespassing charges. He also will pay a $20,000 fine." 

 

 

Nowhere near enough of either - his 2 yrs. vs. her 50 - 60 years of lost life, and maybe a couple $ million of earnings ? (50 years @ $20,000/ year = $1 million; use your own numbers).

 

Instead, I recommend 20 - 30 years in medium-secuirty prison (no "country club") and $1 million fine (bankruptcy, as practical matter)  Think he - or anyone else - will risk doing that or anything similar again ?  Or put him on  the same trestle in front of an oncoming train - with a bed between him and the end of the trestle - and see if he can get off it in time . . .

- Paul North.

 

 

While I agree the punishment is much to lienient, however I doubt that 2 years in a rural Georgia county jail will be much of a country club experience.

 

Balt, I'm sure you are right, though I have not seen such accomodation myself. I have been inside the Pen in Atlanta and a rural Alabama county jail, and what I did see did not recommend itself to me as an ideal place to live.

[ACY Tom]

I'll be very upset if he gets out on parole in less than two, model prisoner or not.

[BaltACD]

Paul_D_North_Jr

rdamon

"As part of the plea deal, Director Randall Miller will spend two years in the county jail and another eight on probation on involuntary manslaughter and criminal trespassing charges. He also will pay a $20,000 fine." 

 

 

Nowhere near enough of either - his 2 yrs. vs. her 50 - 60 years of lost life, and maybe a couple $ million of earnings ? (50 years @ $20,000/ year = $1 million; use your own numbers).

 

Instead, I recommend 20 - 30 years in medium-secuirty prison (no "country club") and $1 million fine (bankruptcy, as practical matter)  Think he - or anyone else - will risk doing that or anything similar again ?  Or put him on  the same trestle in front of an oncoming train - with a bed between him and the end of the trestle - and see if he can get off it in time . . .

- Paul North.

While I agree the punishment is much to lienient, however I doubt that 2 years in a rural Georgia county jail will be much of a country club experience.

[ACY Tom]

You may be too lenient, although the legal maximum sentence would have been 11 years: 10 for involuntary manslaughter and 1 for criminal trespass. 

Actually, Miller WAS on the bridge & managed to get off in time.  He used that in a shameless sympathy plea ("I almost died on that bridge!").  But he managed to get clear in time, unlike some of his subordinates, including Sarah and at least one other woman.  What happened to the idea of the Captain being the last to leave the sinking ship?   Recently released footage shows at least one noble man (maybe Wm. Hurt?) pushing past others to get clear.  Not their most shining hour.

[Paul_D_North_Jr]

rdamon

"As part of the plea deal, Director Randall Miller will spend two years in the county jail and another eight on probation on involuntary manslaughter and criminal trespassing charges. He also will pay a $20,000 fine." 

Nowhere near enough of either - his 2 yrs. vs. her 50 - 60 years of lost life, and maybe a couple $ million of earnings ? (50 years @ $20,000/ year = $1 million; use your own numbers).

Instead, I recommend 20 - 30 years in medium-secuirty prison (no "country club") and $1 million fine (bankruptcy, as practical matter)  Think he - or anyone else - will risk doing that or anything similar again ?  Or put him on  the same trestle in front of an oncoming train - with a bed between him and the end of the trestle - and see if he can get off it in time . . .

- Paul North. 

[rdamon]

http://onlineathens.com/breaking-news/2015-03-10/final-allman-filmmaker-gets-probation-georgia-train-crash

Final Allman filmmaker gets probation in Georgia train crash

 

"A third filmmaker was sentenced to 10 years of probation Tuesday for her role in a train collision last year that killed a young camera assistant and injured six other crew members, allowing prosecutors to close their final criminal case in the incident that derailed the Gregg Allman movie “Midnight Rider.” "

[Euclid]

Leo_Ames

There's a video of this. 

https://www.youtube.com/watch?v=Yt5fAkSf8AQ

Too bad they concerned themselves so much with their bed and other equipment, instead of running for their life (Has it ever been explained why they had that for a prop on a rail bridge in the first place?).

I suspect they'd of had the time to get out if they hadn't, since they're just a few steps away from safety. 

 

I wondered about that. As I understand it, that film sequence with the bed on the railroad trestle was based on a Greg Allman dream.  I don't know what the symbols mean, but surely sleeping on a railroad track symbolises great danger.  It would be very interesting to learn the point behind the trestle scene.  If it was to symbolise danger, it paid off well. 

[ACY Tom]

It was a dream sequence.  I imagine the hospital bed was rented.  Wonder if they ever paid for it.

Tom

[Leo_Ames]

There's a video of this. 

https://www.youtube.com/watch?v=Yt5fAkSf8AQ

Too bad they concerned themselves so much with their bed and other equipment, instead of running for their life (Has it ever been explained why they had that for a prop on a rail bridge in the first place?).

I suspect they'd of had the time to get out if they hadn't, since they're just a few steps away from safety. 

[Leo_Ames]

The forum gave me an error and said to try posting again. Evidentally, it made it through just the same. So ignore this duplicate post. 

[PNWRMNM]

Now the train and engine crew should sue the film folks for emotional distress, say $5,000,000 worth each.

Mac

[Wizlish]

BaltACD

Director pleads guilty -

Here is the article in Variety:

http://variety.com/2015/biz/news/midnight-rider-trial-begins-a-year-after-fatal-train-crash-1201444695/

 

[rdamon]

"As part of the plea deal, Director Randall Miller will spend two years in the county jail and another eight on probation on involuntary manslaughter and criminal trespassing charges. He also will pay a $20,000 fine."

 

 

 

[BaltACD]

Director pleads guilty -

http://news.yahoo.com/director-allman-film-pleads-guilty-train-crash-death-154236411.html

[daveklepper]

Those parents seem like fine people and are using the settlement money for a fine purpose.

[railfanjohn]

This article appeared in THE STATE newspaper Monday November 24, 2014.

 

 

Lawsuit settled in death of movie-crew member from S. C.

By Richard Verrier

Los Angeles Times

 

     The parents of Sarah Jones, the 27-year old camera assistant from West Columbia killed on the set of "Midnight Rider" earlier this year, have agreed to settle their lawsuit with the producers of the film. 

     Richard and Elizabeth Jones have agreed to a confidential settlement of a lawsuit they filed in Chatham County in Georgia in March alleging that the film’s producers Randall Miller (also the director) and his wife, Jody Savan, and others negligently caused their daughter’s death, said Jones' family attorney Jeff Harris of Harris Penn Lowry LLP. 

     “Richard and Elizabeth Jones’ objectives in filing the lawsuit, after the death of their 27-year old daughter, Sarah, have been clear and unwavering.”  Harris said in a statement.  “To find out what happened on the day of their daughter’s death, determine who was responsible, hold those who made bad decisions accountable and ensure this kind of tragedy never happens again on another film set.  Today we are another step closer to fully achieving those objectives.”

     Jones was killed and several crew members were injured Feb. 20 when a freight train crashed into the crew as they were filming the biopic of musician Gregg Allman on a historic train trestle near Savannah.  Jones was struck by the train and debris from a bed that had been placed on the track for a dream sequence involving actor William Hurt.

     “Elizabeth and I are dedicated to ensuring that our daughter’s death is not in vain, and through our work with the Sarah Jones Film Foundation we continue to advocate for safer film sets – keeping safety always at the forefront, never again an afterthought,” Richard Jones said.

[daveklepper]

once csx replied that permission was denied, they had no reason to assue that the filmmakers would break the law and trespass.

[samfp1943]

vsmith

I saw the 20/20 bit, what got me was how the (police?) video questioning kept showing the film-makers dancing around the subject of whether they had clear permission to be on the bridge, which we know they didn't.

 

Two very glaring issues (in my mind) are:

 A.)   Why there were no officials from the railroad present?  ( Thia would seem to reinforce the film crews lack of any official permissions to be on the property(?).

B.) The other obvious omission is the simple act of sending someone from the film crew; an appropriate distance from he bridge area (in either direction, with some means to warn the film crew of approaching trains.). 

  Either begs the question, had the railroad been notified, and permission given, for the film crew to be on their property; there would have been railroad personnel present with the means  to 'protect' the railroad, and its own personnel during the time the film crew was on the scene.

 

[vsmith]

I saw the 20/20 bit, what got me was how the (police?) video questioning kept showing the film-makers dancing around the subject of whether they had clear permission to be on the bridge, which we know they didn't.

[edblysard]

http://video.dailymail.co.uk/video/1418450360/2014/11/1418450360_3870272075001_train-footage.mp4

see if this heats it up...

[Overmod]

samfp1943

So I thought it only deserved some sort of closure in the Forum.

Here is the clip from the locomotive event recorder that ABC used.

http://video.dailymail.co.uk/video/1418450360/2014/11/1418450360_3870272075001_train-footage.mp4

 

[blue streak 1]

rdamon

"The Jones family’s lawsuit says CSX should have taken precautions because it knew the film crew planned to shoot in the area and operators of two passing trains saw the workers before the crash. CSX said its operators saw “unidentified persons” in the area “but not on or immediately near” the tracks."

If train crews reported every group  that was near the tracks they would son be cited for distracted train driving ?  Many person through out the USA think that because their little piece of the RR does not see many trains that applies to all RRs.  It is a function of any safety officers of any endeavor to study the locationt and anticipate problems.  Many persons have no concept of  any train any time and the practice of fleeting trains. 

We have a siding and twice I''ve had to caution cars or persons that another train was coming not might be coming.  

 

[samfp1943]

rdamon

Another article ...

 

http://www.enterkom.com/enterprise/?p=14278

 

"Miller had fallen onto the tracks before the train arrived but the still photographer pulled him off, according to the witness, saving his life. The bed was then hit by the train and exploded. That debris hit and injured several people, including one seriously, who was airlifted to Savannah’s Memorial Health University Medical Center."

 

Exploding Bed?

I probably should have read that tag before I pulled it off!!

 

 

Found the following linked article referencing the " Film Crew Death" as was posted(TRAINS Forum) back in Feb of 2014.  Ii was a sad occasion that lead to the death of one film crew member and was seemingly destined to wind up in a court to settle the sad affair. 

It seem to have quite a bit of interest as it drifted off the current topics area page of the Forum.[ 198 Posts and 20,752 views ]. 

So I thought  it only deserved some sort of closure in the Forum. 

On October 31,2014 the TV Show 20/20 did a segment on the scene at the Altamaha River Bridge near Doctortown,Georgia; while the filming of the Greg Alman movie"Midnight Rider" that killed Ms. Sarah Jones.  The Story linked seem to be a comentary with observatons as to what happened there, and of what happens when assumptions are made about responsibilities, and individuals want to assume no responsibility for the consequences of their actions ( or inactions.).

Here is the linked abc News article @

http://abcnews.go.com/Entertainment/midnight-rider-hairstylist-describes-horrific-moments-train-hit/story?id=26523394

 

 

 

 

[Leo_Ames]

Just because he wasn't there because he knew permission hadn't been granted, doesn't mean that he was aware that they were going to say damn the torpedoes, full speed ahead.

Nothing says he looked the other way with that quote. He very well might've, but nothing in there says so. 

[mudchicken]

ACY

News about this tragedy is again gracing the pages of Variety, Deadline Hollywood, Billboard, and probably a number of other publications.

First Assistant Director Hillary Schwartz is the fourth member of the Production staff to be indicted on charges of involuntary manslaughter.  The duties of the First Assistant Director included on-set safety.  The lawyer retained by Charles Baxter, Location Manager, says his client attempted to secure permission for the shoot from CSX, but was unsuccessful.  He was not on the scene at the time of the accident because he knew permission had not been given. 

Tom 

  NOT gonna save him; Doing nothing and saying noting is still defacto complicity with a patently illegal act leading to fatal consequences. Should have quit or notified CSX/OSHA/FRA. He can swing with the rest of the scofflaws. The entire movie industry management structure that had any say in this (was aware of the "guerilla moviemaking" culture and condoned it) oughtta be sweating bullets about now.