Director served a jail sentence. Film Allman Company is no more. (it will just show up again with a new name and resume "guerilla film-making", typical of the Hollyweird corporate contractor money games)...remains to be seen if he tries to bypass the court stipulation barring him from directing for nine years.
https://www.usnews.com/news/entertainment/articles/2016-03-23/allman-film-director-wins-release-after-year-in-georgia-jail
http://variety.com/2017/biz/news/midnight-rider-randall-miller-new-york-marine-dismissed-1202441675/
https://www.youtube.com/watch?v=08Dz8Xvnwdk
http://www.cbs46.com/story/35905081/jury-awards-39m-to-family-of-film-worker-killed-by-train
3.9 million....
Foamers need to remember this case when they get bent out of shape for being reported by a train crew for taking pictures.
An "expensive model collector"
n012944 http://www.cbs46.com/story/35905081/jury-awards-39m-to-family-of-film-worker-killed-by-train 3.9 million.... Foamers need to remember this case when they get bent out of shape for being reported by a train crew for taking pictures.
Absolutely!
Until we stop awarding money - including multi-million dollar settlements, to people who willfully violate somebody's right of property (as in this case), or right of life, and then get injured, killed, or somehow wronged, we will continue to have an extremely litigious society where a company or a person going about their regular business must stop to dole out huge sums to people who were in fact the negligent or criminal ones.
Of course, the jury figured that big, bad railroad just had to be somehow responsible for that poor girl's death. It just couldn't be anybody else.
I'm with Saturnalia on tort reform. That it's needed is very obvious in the medical field. Everyone has to CYA, so instead of telling you you've got a headache because you drank too much last night, you get a cat scan and a plethora of other tests...
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...
n012944http://www.cbs46.com/story/35905081/jury-awards-39m-to-family-of-film-worker-killed-by-train 3.9 million.... Foamers need to remember this case when they get bent out of shape for being reported by a train crew for taking pictures.
Home town verdict. Formulated on emotion, not on facts. Will be tossed on appeal!
Never too old to have a happy childhood!
tree68Of course, the jury figured that big, bad railroad just had to be somehow responsible for that poor girl's death. It just couldn't be anybody else. I'm with Saturnalia on tort reform. That it's needed is very obvious in the medical field. Everyone has to CYA, so instead of telling you you've got a headache because you drank too much last night, you get a cat scan and a plethora of other tests...
And one wonders why 'healthcare' is out of control - it's too big a profit center for too many people that could care less whether anyone lives a normal life, in fact the prefer that they die or be hideously maimed or otherwise debilitated - as long as billable hours can be racked up.
BaltACD n012944 http://www.cbs46.com/story/35905081/jury-awards-39m-to-family-of-film-worker-killed-by-train 3.9 million.... Foamers need to remember this case when they get bent out of shape for being reported by a train crew for taking pictures. Home town verdict. Will be tossed on appeal!
Home town verdict. Will be tossed on appeal!
How could an appeal have been heard on a verdict from 3 PM today?
tree68 Of course, the jury figured that big, bad railroad just had to be somehow responsible for that poor girl's death. It just couldn't be anybody else. I'm with Saturnalia on tort reform. That it's needed is very obvious in the medical field. Everyone has to CYA, so instead of telling you you've got a headache because you drank too much last night, you get a cat scan and a plethora of other tests...
That's just the excuse used to pad the bill.
C&NW, CA&E, MILW, CGW and IC fan
tdmidgetHow could an appeal have been heard on a verdict from 3 PM today?
Appeal to the trial judge to reject the virdict. Home Town judge and home town jury. Snowballs have a better chance of becoming a snow man in hell, than the trial judge rejecting such a virdict - Emotions at play again!
BaltACDHome Town judge and home town jury.
An appeal to the next level (whatever that is in GA) might fare a little better. Takes a bit of the "hometown" out of the process.
In a case like this, is the jury completely free to decide anything they want or are they compelled by the judge to apply their interpretation of specific laws to the facts brought forth in the trial?
BaltACD...Will be tossed on appeal!
I pray you're right, but fear the worst.
BaltACD That would be a waste of time. Why would a judge who had already refused a request for summary judgement vacate the verdict? It would be admitting that he should have granted the request for summary judgement. If he vacates the verdict he is admitting that there never should have been a trial. Hopefully a superior court will have a clear head. tdmidget How could an appeal have been heard on a verdict from 3 PM today? Appeal to the trial judge to reject the virdict. Home Town judge and home town jury. Snowballs have a better chance of becoming a snow man in hell, than the trial judge rejecting such a virdict - Emotions at play again!
That would be a waste of time. Why would a judge who had already refused a request for summary judgement vacate the verdict? It would be admitting that he should have granted the request for summary judgement. If he vacates the verdict he is admitting that there never should have been a trial. Hopefully a superior court will have a clear head.
tdmidget How could an appeal have been heard on a verdict from 3 PM today?
BaltACDHome town verdict. Formulated on emotion, not on facts. Will be tossed on appeal!
Balt, I certainly hope so. But if this judge (and I use the title only) was good at dotting all of the I's and crossing the T's, the appeals court may not have the cause to reverse. Lets hope reason prevails.
(Error)
Tom
I have to say this flies in the face of logic. In all of this, I have not heard of monetary damages being assessed against the Director, Producers, Backers, or Rayonier who led them across their property to the site without informing CSX.
I am a Progressive and certainly no raving Capitalist, and no particular fan of CSX, but I fail to see how deep pockets equals culpability or legal liability.
ACY Tom In all of this, I have not heard of monetary damages being assessed against the Director, Producers, Backers, or Rayonier who led them across their property to the site without informing CSX.
Just to be clear, the trial award was 11-odd million. The CSX 'share' of responsibility is 35%. Rayonier, the production company, and other culpable film-crew members have percentages of liability as well.
Now watch for the attempts at asset-swapping and -hiding, technical bankruptcies, and other machination that will leave CSX and Rayonier the 'deep pockets' for most of the actual award.
From http://buzz.blog.ajc.com/2017/07/17/jury-awards-11-2-million/
"The jury assigned varying levels of liability: CSX is liable for 35 percent or roughly $3.92 million; Miller for 28 percent or $3.14 million, Rayonier (the corporation that owns the land where the tracks are located), 18 percent or about 2 million, Savin and first AD Hillary Schwartz 7 percent or about $785,000 and producer Jay Sedrish 5 percent or about $561,000"
It's been fun. But it isn't much fun anymore. Signing off for now.
The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any
zugmann From http://buzz.blog.ajc.com/2017/07/17/jury-awards-11-2-million/ "The jury assigned varying levels of liability: CSX is liable for 35 percent or roughly $3.92 million; Miller for 28 percent or $3.14 million, Rayonier (the corporation that owns the land where the tracks are located), 18 percent or about 2 million, Savin and first AD Hillary Schwartz 7 percent or about $785,000 and producer Jay Sedrish 5 percent or about $561,000"
If anyone bothered to read, all other parties involved have already SETTLED with the family...CSX is the only one that went to trial, and rightfully so...I highly doubt they're liable for anything. There's nothing saying the two previous train crews saw anyone trespassing to report to dispatchers, and I belive the NTSB report put the entire blame on the production company and others working on the film.
ACY Tom...but I fail to see how deep pockets equals culpability or legal liability.
It doesn't - but that's where the money is, so they're going to go after it.
Unfortunately, it's a very common practice.
GERALD L MCFARLANE JR zugmann From http://buzz.blog.ajc.com/2017/07/17/jury-awards-11-2-million/ "The jury assigned varying levels of liability: CSX is liable for 35 percent or roughly $3.92 million; Miller for 28 percent or $3.14 million, Rayonier (the corporation that owns the land where the tracks are located), 18 percent or about 2 million, Savin and first AD Hillary Schwartz 7 percent or about $785,000 and producer Jay Sedrish 5 percent or about $561,000" If anyone bothered to read, all other parties involved have already SETTLED with the family...CSX is the only one that went to trial, and rightfully so...I highly doubt they're liable for anything. There's nothing saying the two previous train crews saw anyone trespassing to report to dispatchers, and I belive the NTSB report put the entire blame on the production company and others working on the film.
I don't know what you read - but yeah, a jury found Csx partially liable.
If anyone, beyond the film company is responsible, it is Rayonier. They had a representative on site who let the film company into the area. If the film company lied to the Rayonier representative about having permission to occupy CSX property (and I am sure the question got asked - or the Rayonier rep should be fired forth with for deriliction of duty), then that puts Rayonier & CSX in the clear with CSX having declined permission to the film company two times in writing. If the film company did not lie then Rayonier becomes the responsible party for allowing the film company to occupy other than Rayonier property.
BaltACD n012944 http://www.cbs46.com/story/35905081/jury-awards-39m-to-family-of-film-worker-killed-by-train 3.9 million.... Foamers need to remember this case when they get bent out of shape for being reported by a train crew for taking pictures. Home town verdict. Formulated on emotion, not on facts. Will be tossed on appeal!
Hometown? The accident was in the Savannah area; the victim was from Atlanta. Very different.
The NTSB report is not admissable. A decent lawyer of course could get around this by calling the director as a witness and revealing that he did a year in jail for manslaughter for the crime. In fact call every one of the other defendants and let them admit to their liability, which they have to some degree by settleing.
schlimm BaltACD n012944 http://www.cbs46.com/story/35905081/jury-awards-39m-to-family-of-film-worker-killed-by-train 3.9 million.... Foamers need to remember this case when they get bent out of shape for being reported by a train crew for taking pictures. Home town verdict. Formulated on emotion, not on facts. Will be tossed on appeal! Hometown? The accident was in the Savannah area; the victim was from Atlanta. Very different.
Georgia be Georgia!
Prime question in Georgia being if she was a Rambling Wreck or a Dawg.
tree68 ACY Tom ...but I fail to see how deep pockets equals culpability or legal liability. It doesn't - but that's where the money is, so they're going to go after it. Unfortunately, it's a very common practice.
ACY Tom ...but I fail to see how deep pockets equals culpability or legal liability.
[quote user="BaltACD"]
Larry, Very true, my daughter is an emergency dept Doc and at times it gets that way.
Balt, Be careful of generalaties, MOST Docs actually give a 'Darn' about your well being. After 9-12 hours of 'my finger hurts', 'I need pain meds', 'I've got a head ache' and your the next one in they can get a little short fused. Due to lawyers, the way the insurance industry decides to pay out using "NON" medical personel to determine what medical procedures will be used, (selectively paid) is .......never mind
I was convinced from the beginnig that Miller is solely responsible and is 100% responsible. Nobody else is responsible. To get a very clear NO from CSX and then go ahead anyway is akin to me, like driving an automobile on a crowded sidewalk. Sure the crew migh possibly have reported tresspassers. But not if this kind of sight was frequent with Rayonier personel, which it probably was. Sure the film company should have had safeguards to second guess Miller in such a dangerous situationl. Sure Rayoner itself should have checked with CSX and not depended solely on Miller's word.
But Miller was the liar and it is his responsibility.
BOB WITHORN BaltACDAnd one wonders why 'healthcare' is out of control - it's too big a profit center for too many people that could care less whether anyone lives a normal life, in fact the prefer that they die or be hideously maimed or otherwise debilitated - as long as billable hours can be racked up. Larry, Very true, my daughter is an emergency dept Doc and at times it gets that way. Balt, Be careful of generalaties, MOST Docs actually give a 'Darn' about your well being. After 9-12 hours of 'my finger hurts', 'I need pain meds', 'I've got a head ache' and your the next one in they can get a little short fused. Due to lawyers, the way the insurance industry decides to pay out using "NON" medical personel to determine what medical procedures will be used, (selectively paid) is .......never mind
BaltACDAnd one wonders why 'healthcare' is out of control - it's too big a profit center for too many people that could care less whether anyone lives a normal life, in fact the prefer that they die or be hideously maimed or otherwise debilitated - as long as billable hours can be racked up.
Doctors are just the tip of Healthcare - just like an iceberg. Doctor fees (at least those I have dealt with for my colon cancer, Bennet's fractured thumb, broken radius, Type 2 Diabetes and viral pneumonia have priced their services in what seemed to me to be a reasonable manner. (Note through all the above I was covered by the Contract railroad employees health insurance, with the exception of the viral pneumonia that happened after I retired, which for whatever reasons Medicare did not cover.)
But, as I said Doctors are just the tip. The rest of the healthcare iceberg becomes the hospitals, the medical testing industry, the medical device industry, the rehabilitation industry, the drug industry, the malpractice legal industry and finally the medical insurance industry. Once you have created a 'industry' the profit motive begins to out weigh the products and services provided. The deeper ones health has to progress into the entire healthcare iceberg, the more profits have to be found off each individual that enters the system (not to mention the frauds that get purpertrated by every player in the system including the patient). Doctors with the best of intentions have become the gate keepers that facilitate entry into the entire healthcare debacle. Would that I had the answers to the problems; but charades that have been taken place by Congress about 'healthcare' are not the answer either as each party wants to out game the other - people be damned.
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