The following is a substantial, primarily the factual allegations, but not complete portion of the civil case Jones et al v. Film Allman et al In The State Court of Chatham County, State of Georiga, May 21, 2014 Richard Jones and Elizabeth Jones, as the Aministrators of the Estate of Sarah Elizabeth Jones, deceased, Plaintiffs, v. Film Allman, LLC; Unclaimed Freight Productions, Inc.; Randall M. Miller; Jody Savin; Gregory L. Allman; Charles Baxter; Jay Sedrish; Jay Sedrish, Inc.; Michael Lehman; Don Mandrik; Hillary Schwartz; Mike Ozier; WME BI Holdings, LLC; Open Road Films, LLC; Middin Studios, LLC; Jeffrey N. Gant; Rayonier Performance Fibers, LLC; CSX Transportation, Inc.; and unknown corporations A-Z; Defendants. Complaint I. Introduction Plaintiffs Richard and Elizabeth Jones bring this action for wrongfull death on behalf of the deceased daughter, Sarah Elizabeth Jones, as the duly-appointed Administrators of her Estate, against Defendants II. Parties 3. Defendant Film Allman LLC (Film Allman) is a Georgia Corporation. ... 4. Defendant Film Allman was established to produce the Gregg Allman biopic Midnight Rider .... 6. Defendant Unclaimed Freight produces and finances independent films, and it was responsible for the production and finance of Midnight Rider. Unclaimed Freight is also a member of Film Allman, LLC. 7. Defendant Randall M. Miller (Miller) is the co-owner of Unclaimed Freight and a member of Film Allman, LLC. Miller served as Producer, Writer, and the Director of Midnight Rider. 9. Defendant Jody Savin (Savin) is the co-woner of Unclaimed Freight and a member of Film Allman, LLC. Savin served as Producer and Writer for Midnight Rider. 11. Defendant Gregory L. Allman (Allman) served as an Executive Producer of Midnight Rider. ... 12. Defendant Charles Baxter (Baxter) served as the Location Manager for Midnight Rider. ... 13. Defendant Jay Sedrish (Sedrish) served as an Executive Producer and the Unit Production Manager for Midnight Rider. ... 17. Defendant MIchael Lehman (Lehman) served as an Executive Producer for Midnight Rider. ... 18. Defendant Don Mandrik (Mandrik) served an Executive Producer for Midnight Rider. ... 19. Defendant Hillary Schwartz (Schwatz) served as the First Assistant Director for Midnight Rider. ... 20. Defendant Mike Ozier (Ozier) served as teh Director of Photography for Midnight Rider. ... 23. Defendant Open Road Films, LLC (Open Road) is a Delaware corporation with a principal office address ... (Los Angeles, CA) Open Road, a theatrical distribution and marketing company, was to serve as teh distributor for Midnight Rider. 25. Defendant Meddin Studios, LLC (Meddin Studios) is a Georgia Corporation ... 26. Defendant Meddin Studios provideed production and filming equipment and personnel for Midnight Rider. ... 27. Defendant Jeffrey N. Gant (Gant) is the co-founder and creative director for Defendant Meddin Studios, and he served as an Executive Producer of Midnight Rider. 28. Defendant Rayonier Performance Fibers, LLC (Rayonier) is a Delaware corporation ... 29. Defendant CSX Transporation, Inc. (CSX) is a Virginia corporation ... IV. FACTUAL ALLEGATIONS 37. Defendant Miller and Savin through their production company Unclaimed Freight (Productions), established Defendent Film Allman (LLC) for the purpose of producing a biopic, Midnight Rider, based on Defendent Allmans autobiography. 38. Sarah served as Second Camera Assistant on the Midnight Rider film crew. At the time of the filming described herein, she was 27 years old. 39. As an assistant camera operator, Sarahs duties included setting up cameras, keeping the cameras loaded with film, and helping track and transport equipment. 40. The filming of Midnight Rider was based in Savannah, in Chatham County, Georgia. Defendent Meddin Studios served as the base of operations for the film, and it provided production, filming equipment, and crew for filming to take place on February 20, 2014. 41. On February 20, 2014, the film crew organized by Meddin Studios for Defendant Film Allman met at Meddin Studios facility in Savannah to prepare to shoot a pre-production scene for Midnight Rider. 42. The scene was to be filmed on the property of Defendant Rayonier, which had granted permission to the Midnight Rider Defendants to film the scene on its property at 4470 Savannah Highway, Jesup, Wayne County, Georgia. 43. On February 20, 2014, Sarah and the Midnight Rider cast and crew arrived at Defendant Rayoniers property to shoot the scene. The scene itself was to be filmed on railroad tracks on a trestle bridge. The tracks were owned and operated by Defendant CSX. 44. A representative of Defendant Rayonier, Tina Kicklighter, informed one or more of the Midnight Rider Defendants and/or the Midnight Rider crew that only two trains would pass by on the railroad tracks per day. 45. Depite the fact that they planned to film a scene on the active railroad tracks, and depite their knowledge of the danger presented by filming a scene on active railroad tracks, none of the Midnight Rider Defendants, or their agents, representatives, contractors, or employees, obtained the proper permission or approval from Defendant CSX to conduct filming on the trestle bridge. 46. While the Midnight Rider Defendants knew that they did not have permission or approval from CSX to film on the railroad tracks, they concealed this fact from the rest of the Midnight Rider cast and crew, including Sarah. 47. In fact, the Midnight Rider Defendants falsely informed, or gave the impression to, the cast and crew, including Sarah, that they had premission to conduct filming on the railroad tracks. 48. As a result, Sarah and other members of the cast and crew believed that they had permission to be on the railroad tracks on February 20. 49. Despite the fact that they planned to film a scene on active railroad tracks, without permission from CSX, and despite their knowledge of the danger presented by filming a scene on active railroad tracks, the Midnight Rider Defendents, or their agents, representatives, contractors, or employees, failed to take reasonable, minimum safety precautions and failed to comply with applicable industry standards. 50. Specifically, among other things, the Midnight Rider Defendants, or their agents, representatives, contractors, or employees: selected an unreasonably dangerous site for the filming location; failed to secure approval for filming from CSX; concealed their lack of approval from CSX from the cast and crew; failed to secure and patrol the filming location; failed to station safety personnel at the filming location; failed to station look-out individudals to watch for an approaching train; failed to hold a safety meeing prior to filming; failed to have an on-site medic present for the filming; failed to secure the prescence of a CSX representative for the filming; failed to warn of the danger presented by the filming location; and otherwise failed to take measures to protect the safety of the Midnight Rider cast and crew. 51. By committing these acts, or failures to act, the Midnight Rider Defendants operated without minimum safety precautions and contrary to standard industry practices for productions of this scale and for productions involving dangerous filming conditions. 52. On February 20, 2014, at the direction of the Defendent Miller, the Midnight Rider crew prepared to film a scene that involved a metal-framed hospital bed placed on the railroad tracks on the trestle bridge. Sarah assisted in the preparation of this scene. 53. Based on the information from Defendant Rayonier that only two trains would pass by per day, the Midnight Rider cast and crew waited for two of Defendant CSXs trains to pass by on the railroad tracks before placing the hospital bed on the tracks and preparing to film the scene. These two trains passed without incident. 54. After the two trains passed by, Sarah and the Midnight Rider cast and crew believed that no other trains were expected to use the railroad tracks on February 20. 55. Before filming the scene on February 20, the cast and crew were informed by one or more of the Midnight Rider Defendants, or their agents, representatives, contractors, or employees, that, if another train approached, the crew would have 60 seconds to remove themselves, their equipment, and the hospital bed from the trestle bridge. 56. Despite misgivings among the Midnight Rider cast and crew over shooting the scene on the trestle bridge with only a 60 seconds to evacuate, the crew prepared to fiim the scene. 57. At approximately 4:30 p.m. on February 20, a third train operated by Defendant CSX approached the Midnight Rider crew, as they were filming or preparing to film the scene on the trestle bridge. 58. According to eye witnesses, the train was almost as wide as the trestle bridge and approaching at a rapid speed. 59. The only viable means for the crew on the trestle bridge to escape the path of the oncoming train was to run southwest, to get off of the bridge and off to the side of the railroad tracks. This required the crew to run towards the train, which was coming from the northeast. 60. While the crew had been told that they would have 60 seconds to remove themselves, the quipment, and the hospital bed from the trestle bridge, the train approached with a rapid speed, and the crew had less than 60 seconds to react. 61. Several members of the crew, including Sarah, were not able to escape the path of the oncoming train, and some crew members, equipment, and the hospital bed remained on the trestle bridge as the train approached. 62. The resulting train collision and the flying debris caused Sarahs death. 63. As the producers and ultimate decision-makers for the film Midnight Rider, Defendents Film Allman, Unclaimed Freight, Miller, Savin, along with any not-yet identified loan out corporations for Miller and Savin, were each independentlly and ultimately responsible for ensuring set safety and compliance with applicable laws and regulations during the filming of Midnight Rider. 64. As Executive Producers of Midnight Rider, Defendents Allman, Sedrish, Jay Sedrish, Inc., Gant, Lehman, and Mandrik, and any not-yet identified loan-out corporations for the Executive Producers, were each independently responsible for ensuring that filming and production was conducted in a safe and legal manner, in compliance with applicable industry standards. 65. As Unit Production Manager, Defendent Sedrish retained additional responsibility over all administrative requirements of film production. 66. As First Assistant Director, Defendant Schwartz retained addtional responsibility for holding safety meetings for the cast and crew and to report safety issues. It was also her responsibility to inspect the set for safety concerns and report any unsafe conditions. 67. As Location Manager, Defendent Baxter retained responsibility for selecting shooting locations and obtaining the necessary authorizations to film in selcted areas. 68. As Director of Photography, Defendent Ozier retained responsiblity for overseeing the operation and safety of the camera operators, including Sarah. 69. Defendents Open Road, Meddin Studios, and Gant each retained individual responsibility for ensuring tha the Midnight Rider filming was conducted in a safe and legal manner, in compliance with applicable industry standards. 70. Each of the Midnight Rider Defendants had knowledge, actual or constructive, that the scene filmed on February 20 was to take place on active railroad tracks, without permission from CSX, and each Midnight Rider Defendent knew of the danger presented by filming under those circumstances. 71. Despite this knowledge, and as set forth above, the Midnight Rider Defendants breached their duties to conduct the February 20 filming in a safe and legal manner, and each Midnight Rider Defendant is independently liable to PLaintiffs for Sarahs death and the resulting damages. 72. As the owner of the property on which the February 20 filming took place, and by giving permission to the Midnight Rider Defendants to conduct filming, Defendant Rayonier was responsible for the activities taking place on its property. Moreover, by informing the Midnight Rider Defendants regarding the number of trains passing by per day, Rayonier assumed the duty to accurately inform and warn of the dangers presented by the railroad tracks, the trestle bridge, and the passing trains. Rayonier breached its duty to exercise reasonable care, as it incorrectlyl informed and failed to warn the Midnight Rider cast and crew regarding this danger. 73. Defendent CSX is required by its own safety guidelines to take reasonable precautions when unauthorized individuals are present on the railroad tracks it operates. 74. Defendent CSX had actual knowledge that the Midnight Rider cast and crew would be around the railroad tracks and trestle bridge on or around February 20, 2014. 75. Despite the fact that multiple CSX trains passed the Midnight Rider cast and crew on February 20, with those individuals in view of the trains opererators, no warning was given to the subsequent train that ultimately caused Sarahs death. 76. Moreover, despite its actual knowledge that the Midnight Rider cast and crew were on and around the railroad tracks and trestle bridge on February 20, CSX never sent a representative to the location to secure the removal of individuals and equipment from the railroad tracks. 77. Additionally, the train that caused Sarahs death on February 20 did not take reasonable precautions to avoid the Midnight Rider cast and crew such as blowing the horn and/or slowing the trains speed. 78. As a result, Defendent CSX breached its duty to exercise ordinary care and take reasonable safety precautions. V. Allegations of Negligence 80. Defendants each breached the duty owed to Sarah by failing to exercise ordinary care on and leading up to February 20, 2014, the date of Sarahs death. 81. Specifically, the Midnight Rider Defendants each failed to take reasonable, minimum safety precautions by, among other things: selecting the filming location; failing to inspect properly the filming location; failing to secure approval frim CSX to film at the filming location; concealing the lack of approval from CSX from the cast and crew; failing to station safety personnel at the filming location; failing to hold a safety meeting prior to filming; failing to secure and patrol the filming location; failing to warn of the danger presented by the filming location; and failing to take measures to protect the safety of the cast and crew. 82. The Midnight Rider Defendants had knowledge, both actual and constructive, of the danger presented by filming on active railroad tracks, but failed to exercise ordinary care to protect the filming cast and crew. 83. The Midnight Rider Defendants also failed to warn the cast and crew of the danger presented, and actually concealed that danger by leading the cast and crew to believe that they were on the railroad tracks with permission from Defendant CSX. 84. Defendant Rayonier assumed the duty to inform and to warn the Midnight Rider cast and crew regarding the danger presented by the railroad tracks, the trestle bridge, and the passing trains. Defendant Rayonier failed to exercise ordinary care by allowing the Midnight Rider Defendants to conduct filming on its property, failing to warn accurately of the danger presented by the trains passing through its property, failing to inform accurately the Midnight Rider Defendants regarding this danger, and failing to ensure that the Midnight Rider Defendants were taking minimal safety precautions while filming on Rayoniers property. 85. Defendant CSX failed to exercise ordinary care by taking resonable safety precautions to avoid the individuals on the trestle bridge. 86. Specifically, upon information and belief, none of the train operators who passed the Midnight Rider cast and crew before the collision informed the train that ultimately caused Sarahs death that individuals were on the railroad tracks. 87. Moreover, despite its knowledge that individuals were on the railroad tracks, Defendant CSX failed to send a representative to the location to secure the removal of the Midnight Rider crew and equipment from the railroad tracks. 88. Additionally, the CSX train that caused Sarahs death failed to take reasonable precautions, such as blowing the horn and reducing its speed, to avoid hitting the Midnight Rider crew and equipment on the trestle bridge. 89. Defendants failures, individually and as a whole, amounted to a breach of the duty to exercise reasonable care. 90. Defndants negligence actually and proximately caused Sarahs injuries and death, rendering Defendants liable to Plaintiffs for Sarahs injuries, pain and suffering, the value of her life, and all other elements of damages allowed under the laws of the State of Georgia. 91. Each of the foregoing acts and ommissions constitute an independent act of negligence on the part of Defendants, and one or more of all of the above stated acts, or failures to act, were the proximate causes of Sarahs injuries and death. As a result, Defendants are joint tor-feasors, and their combined negligence renders them liable to Plaintiffs for Sarahs death and all damages recoverable under Georgia law.
Posted on: Mon, 26 May 2014 20:46:27 +0000
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