A Canadian infantry regiment's unofficial motto, or slogan more accurately, is, "Never pass a fault." CSX had little choice but to stop at this one.
I feel it would be irresponsible of CSX to not take an overt legal stance over this intrusion on their corporation. That is what it was, a lethal and unnecessary intrusion. While many complain that the Americans, as a population, are overly litigious, this instance is one that brings a loud acclamation IMO.
In addition to never passing a fault, one in a role of leadership should also set an example for others to emulate. It needn't be punitive in all cases, but I think a law suit could be corrective to a large extent, and also provide a useful example...a 'teaching point'. If it isn't trespass on controlled crossings, it's trespass on bridges from which there is little escape, except to jump.
Keep on teaching.
This is no longer a railroad thing, it's now a legal thing.
The VP-Law of CSX is now calling the shots for them. And they either have to trust his/her advice or get a different VP-Law. His/her job is to protect the railroad to the best of his/her ability.
CSX has to fight the parent's legal action. They can't just roll over. And they've got to be aggressive in their actions least they get run over in court.
Let's assume, in absence of any evidence to the contrary, that the VP-Law for CSX knows what he/she is doing.
schlimm Though the accident was not the fault of CSX, the optics of the railroad, whose locomotive was the instrument of death of the victim, now suing the film company for lost time, etc. looks really, really bad to outsiders.
Though the accident was not the fault of CSX, the optics of the railroad, whose locomotive was the instrument of death of the victim, now suing the film company for lost time, etc. looks really, really bad to outsiders.
Anything CSX does, or doesn’t do, will “look bad in the eyes of outsiders”.
In just about every language on earth, no means no…simple, two letters, one syllable.
They we told no, twice, in writing both times, and went ahead and trespassed any way, causing CSX harm and the death of one of their own employees along with injuries to other of their employees, not to mention physiological injury to a CSX crew.
Their actions forced CSX to expend money not only on inspecting the train, bridge and tracks, (not cheap at all) but delayed delivery of a stack train that most likely had an on time guarentee that was lost, and their actions also forced CSX to incure legal cost in upcoming litigation
CSX has the legal right to recoup their expenses and damages caused by the trespassers, and most likely punitive damages as well.
This will send a clear message to not only film crews, but others that may choose to trespass, that CSX will pursue legal action if the trespassers are caught..
I seem to recall in the graffiti thread you were all for railroads pursuing and prosecuting any trespasser.
Here is the absolute example of the liability issue you backed Jim Norton on fully, so why do you care how outsiders see CSX over this?
23 17 46 11
Firelock76 Maybe they won't make any money, but they will make the point.
Maybe they won't make any money, but they will make the point.
I highly doubt CSX is looking for money. It would be logical to assume they want to make a point to others who would trespass for a similar reason.
Norm
What good does it do for CSX to sue the film company? Think of it as a "shot across the box" to anyone considering trespassing on CSX property. CSX is VERY sensitive and intolerant of trespassing on their lines, and I don't blame them.
The best defense is a strong offense. Go get them CSX!
Mac
C&NW, CA&E, MILW, CGW and IC fan
I am not a lawyer either, but I wonder if CSX stands a better chance of defending against the suit against them if they push back with a counter suit. I don't see them having damages worth suing for except for the potential damage if they lose the suit against them.
I suspect a better phrasing would be that CSX charged them with trespassing, which of course could carry a fine if convicted. That is not unusual. But maybe they are also suing them for the costs of the delayed train, such as recrewing (possibly several trains) and counseling for the crew. The legal system often seems to reward strategy more than actual justice and it will strengthen CSX's position. Note - I am not a lawyer!
What does CSX hope to gain? I doubt the film company, "Film Allman" has any assets and even the OSHA fine will go unpaid. The parent company, "Unclaimed Freight" is most likely a shell with no assets of its own. The film companies are suing to force their insurance companies out in the open, but every dime the insurance company coughs up will go to the victims.
I know that CSX was named in the suits, but they will have to show up at the hearings of these suits anyway. What does a counter suit produce?
Would like legal opinion on this if possible.
I say GOOD ....Make an example out of them and nail them to the wall !!!!
BaltACD CSX has filed suit against the film's producers http://www.latimes.com/entertainment/envelope/cotown/onlocation/la-et-ct-midnight-rider-csx-20140903-story.html
CSX has filed suit against the film's producers
http://www.latimes.com/entertainment/envelope/cotown/onlocation/la-et-ct-midnight-rider-csx-20140903-story.html
As someone who has chased Photographers off CSX tracks I say -------- GOOD !
Never too old to have a happy childhood!
http://www.ldnews.com/ci_26459408/csx-film-crew-denied-track-access-before-crash
"Railroad company CSX Transportation says it twice denied producers of a movie about singer Gregg Allman the permission to shoot on the company's tracks before a freight train slammed into the film's crew in south Georgia, killing one worker and injuring six."
gardendance Kyle, for what it's worth I feel your wishing death on anyone is in poor taste.
Kyle, for what it's worth I feel your wishing death on anyone is in poor taste.
I am not wishing death on anyone. I am simply stating that if someone has to die, it should be the one who is responsible, instead of an innocent person.
Patrick Boylan
Free yacht rides, 27' sailboat, zip code 19114 Delaware River, get great Delair bridge photos from the river. Send me a private message
tree68 KyleWhy couldn't the idiot who decided to film on the live tracks have died. Really? Had to go there?
KyleWhy couldn't the idiot who decided to film on the live tracks have died.
Really? Had to go there?
It would have been better than having a poor innocent young women die. Plus it would save the government money by not having to have a trial to convict the producer.
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
cacole There have already been other incidents of people trespassing on railroad bridges and almost being hit by a train. You just can't fix stupid.
There have already been other incidents of people trespassing on railroad bridges and almost being hit by a train. You just can't fix stupid.
You can't fix stupid, but stupid sometimes fixes itself. Unfortunately in this accident that didn't happen, and an innocent women died because of the bosses stupidity. Why couldn't the idiot who decided to film on the live tracks have died. Somehow, stupid people have good luck and survive
I have lived half my life in southern California and have many experiences encountering film crews. In "my experience" most of these people are self centered, self rightious idiots that believe what they do is so important because it's "for tv, movies, ect" that they have the right to do whatever they please. I say nail them to the wall !!!! You're entertainment venue is not more important then life.
Chad: I’ll second your opinion about film crews. I’ve been a technical advisor for a couple of field units and the Hollywood types are insufferable. And scary. A more ignorant bunch I’ve never seen or met. He two things they are apt to ignore in the name of telling a story are safety and accuracy...could give examples but won’t.- too upsetting to document at this late date. I’ll never get involved again.
ruderunner Film Allman? Oh I can just see the lawsuits against Gregg now...
Film Allman? Oh I can just see the lawsuits against Gregg now...
Nobody said that ambulance chasers were smart.
Modeling the Cleveland and Pittsburgh during the PennCentral era starting on the Cleveland lakefront and ending in Mingo junction
SAVANNAH, Ga. (AP) -- In some versions of a story Aug. 14 about a movie production company being cited for workplace safety violations related to a fatal train crash in Georgia, The Associated Press erroneously reported the first name of the singer who is the subject of the film. His name is Gregg Allman, not Greg.
A corrected version of the story is below:
OSHA cites Allman film company in Ga. train crash
OSHA proposes $74,900 fine for safety violations by Allman film company in Ga. train crash
By RUSS BYNUM
Associated Press
SAVANNAH, Ga. (AP) - A production company formed to make a biographical film about singer Gregg Allman was cited by federal regulators Thursday for workplace safety violations stemming from a train crash in rural Georgia that killed a camera assistant and injured six others.
The Occupational Safety and Health Administration proposed $74,900 in fines against Film Allman LLC, a company incorporated in 2013 to make the movie "Midnight Rider." The company was cited for two safety violations saying it willfully put workers in danger of being struck by a live train and put them at risk of falling off a railroad bridge where they were shooting a scene.
Filming had just begun on "Midnight Rider" when a freight train plowed into the crew Feb. 20 on a railroad trestle spanning the Altamaha River in rural Wayne County southwest of Savannah. The collision killed 27-year-old Sarah Jones. Investigators say fellow crew members were injured either by the train itself or flying shrapnel from a bed that had been placed across the tracks as a movie prop.
"It is unacceptable that Film Allman LLC knowingly exposed their crew to moving trains while filming on a live track and railroad trestle," David Michaels, the assistant labor secretary who heads OSHA, said in a statement.
The citations don't name any individual officers associated with Film Allman LLC. The company's incorporation papers list the same Pasadena, California, address as Unclaimed Freight Productions, which is owned by "Midnight Rider" director Randall Miller and his wife, Jody Savin. Their attorney, Don Samuel, declined to comment.
Film Allman has 15 business days to contest OSHA's findings and proposed penalty.
On July 3, a grand jury indicted Miller, Savin and executive producer Jay Sedrish on charges of involuntary manslaughter and criminal trespassing in connection with the crash. Sheriff's investigators say the filmmakers took their crew onto the railroad bridge despite being denied permission to film there by CSX railroad. All three defendants have pleaded not guilty.
In a statement released through their attorney July 17, Miller and Savin said the crash and Jones' death "will haunt us forever" but they insisted they had committed no crimes.
"We would never knowingly or intentionally put anybody's safety at risk," Miller and Savin's statement said. "This was a horrible tragedy and a horrific accident."
Production on "Midnight Rider" was halted after the crash. Allman filed a civil lawsuit against Miller and Savin seeking to prevent them from restarting the project. They settled out of court without disclosing terms.
I can't believe that after such a long absence from this fine forum my first post is on this thread....but....
Hopefully this accident and death of a young women will have a good end. Even if this accident only saves a couple of lives in the future. Let us all pray that this story will teach people that train tracks are dangerous and you should never be on tracks without permission from the RR. Not to mention don't be on a RR bridge. Hopefully this accident will save many lives in the future.
From an item in Variety, I understand that the production company is suing their insurer because the insurer has decided not to pay certain claims arising out of the cessation of production. It'll be interesting to see whether these charges are used as a a part of the insurer's defense.
Also, Variety has said director Randall Miller has received medical attention for post traumatic stress disorder. It'll be interesting to see whether this is relevant to his defense in the criminal and/or civil trials.
Tom
That seems to be absolving the railroad of liability in this matter.
Thanks to Chris / CopCarSS for my avatar.
Production company for "Midnight Rider" film cited by OSHAfor willful and serious safety violations following worker fatality and injuries
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=26541
<SNIP>
"Their failure to develop a safety plan to prevent such hazards, including obtaining permission from the rail owner to use the tracks for filming, led to the death of one crew member and injuries to eight other employees," said Kurt Petermeyer, OSHA's Regional Administrator for the Southeast.
At the time of the incident, the company employed 20 workers on the set and approximately 74 workers nationwide. Proposed penalties total $74,900.
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