Film crew struck by CSX train in Wayne County, Ga.

Here's the text of the family's wrongful death lawsuit (pdf)

http://pmcvariety.files.wordpress.com/2 ... plaint.pdf" onclick="window.open(this.href);return false;

It's beginning to look like a Rayonier employee who was assigned to help liaison with the filming, which was supposed to be held on their corporate property, was behind the whole "wait for two trains and then go" fiasco.

KevinD wrote:Here's the text of the family's wrongful death lawsuit (pdf)

http://pmcvariety.files.wordpress.com/2 ... plaint.pdf" onclick="window.open(this.href);return false;

It's beginning to look like a Rayonier employee who was assigned to help liaison with the filming, which was supposed to be held on their corporate property, was behind the whole "wait for two trains and then go" fiasco.

The Jones complaint wrote:76. Moreover, despite it's actual knowledge that the Midnight Rider cast and crew were on and around the railroad tracks..

In my opinion, "around" is a given but those two letters; O and N will likely prove problematic for the plaintiff's in their case against CSX. But then again, I'm no lawyer. I'm thinking they're using the "sue everybody and see what sticks" theory.

http://www.wsav.com/story/25934575/seve ... ider-death" onclick="window.open(this.href);return false;

And re Ms. Jones, anybody know specifically what her "camera assistant" duties consisted of?

motor

[quote="At 11:48 AM EST on Jul 03, 2014 In an article entitled "Criminal indictments handed down in death of CofC grad", the WCIV 4 News staff"]
Criminal indictments handed down in death of CofC grad



WAYNE, Ga. (WCIV) -- The owners of the production company behind 'Midnight Rider' along with the film's executive producer have been indicted in the death of film crew member and College of Charleston graduate Sarah Jones.

According to a release from the Wayne County District Attorney's Office, Randall Miller, Jody Savin and Jay Sedrish are charged with involuntary manslaughter and criminal trespass.

If found guilty, the men could face ten years in prison under Georgia law.

Back in February, 27-year-old Sarah Elizabeth Jones was working as a camera assistant on the Allman Brothers biopic.

Jones and several other members of the film crew were on the railroad tracks and trestle at Doctortown Landing in Wayne County, when Jones was struck and killed by an oncoming train. Other crew members were injured, but survived.[/quote]


Read more at the WCIV web site

motor wrote:http://www.wsav.com/story/25934575/seve ... ider-death

And re Ms. Jones, anybody know specifically what her "camera assistant" duties consisted of?

motor

I couldn't find anything specifically about her role. I did find this general information from Get In Media.

Duties

The first assistant cameraperson, also known as the focus puller, is primarily responsible for ensuring a sharp picture. He or she works closely with the camera operator (under the direction of the director of photography) to measure the distance between the lens and the subject, and to maintain proper focal distance during camera movements. Tracking shots and crane movements will require the first AC to collaborate with both camera operator and the dolly grip or crane operator to ensure consistent focus. This requires an individual who has a keen eye and a good judgment of distance, and is quick on his feet. Any future focus puller would do well to study Alfred Hitchcock’s 1948 film, Rope. The feature is comprised entirely of long, uncut segments, including some of the most impressive tracking shots seen in a movie at the time. When not participating in photography, the first AC is also tasked with cleaning and maintaining lenses, and threading the camera with film. The full digital conversion has not yet overtaken Hollywood—35mm is still the standard.

Tasked with loading the film magazine and performing the scene slate with the clapperboard is the second assistant cameraperson (second AC). Sometimes dubbed the clapper loader, this person also controls the film inventory, completes camera reports, and will spike an actor’s mark when necessary. He or she is typically the only person permitted to have contact with the raw film and undeveloped negative. The second AC takes great care to maintain proper storage conditions of all film (both before and after photography) to ensure the expensive inventory and hours of shooting are not lost.

Full article: http://getinmedia.com/careers/camera-assistant

I did find this:

Jones helped load film, monitor the cameras and transport gear.

in the March 4th "Hollywood Reporter" article titled "A Train, a Narrow Trestle and 60 Seconds to Escape: How 'Midnight Rider' Victim Sarah Jones Lost Her Life" at: http://www.hollywoodreporter.com/news/m ... 2V1gRy2w.0.

While Reader Comments in any publication have a way of running the gamet from stupid to vile, here is an informative and intelligent one appearing within the material immediately submitted by Mr. Papabarn:

genedebs >eze240 • 4 months agoSecond rule of railroading: "Expect a train anytime, in any direction". The first rule is "Safety First". It appears neither of those rules were observed here. There is a saying in the railroad industry: "Every rule in the rulebook is written in blood". In other words, if a rule is there, it is there because someone probably died doing something similar. This is why anytime something out of the ordinary is scheduled to happen around a railroad (like a contractor working near the tracks) lots of people are notified, lots of memos are written about it, anyone with authority over the location knows about it, someone(s) from the company (usually a supervisor of some kind, but at least a qualified crew member) is at the location with a radio and a cell phone, and any train crew operating through the area that day have a notice in their train messages about the event. None of that happened here. This piece of railroad is the main North/South line for CSX on the East Coast. Maximum authorized speed for it is probably 79 mph (perhaps not over this bridge), and every Amtrak Train between Florida and the North passes through here at track speed. Telling the film crew to "run if you hear a horn" is not a safety procedure. It sounds like this director has gotten away with "stealing shots" more than once, figured he could pull it off one more time, but his luck ran out.

All told:

Big name musician: Greg Allman

Fairly Big Name actor: William Hurt (memorable roles: Big Chill, Accidental Tourist)

'Low Bud' production company; having obtained permission to film on the property of an on line industry apparently ASS-U-ME-d that had same to be on that of CSX.

'Lotta deep pockets' waiting to be picked.

The first time I ever saw what was called "Rule #2" above, it was on a billboard in MBTA territory, near the GE plant in Lynn, MA. I don't know if it was directed to GE employees or MBTA employees, who I think were doing track work in the area at the time. "Expect a train on any track, at any time, in any direction."
That was before I ever worked on a railroad, but the idea stuck with me then and since. Most people who aren't railroaders or railfans or somehow associated with rail safety never give it a thought, but they don't trespass, either. But too many people believe in the "I can just hear the train coming, and step out of the way" fallacy.

Not to drag this thread OT, but I read today that the parents of a teen who was struck and killed by a train while trespassing are suing Amtrak. I think the article said the boy, who routinely used the r-o-w as a "shortcut," was wearing headphones. The plaintiffs claim the engineer waited too long to sound the horn and apply the brakes. Their lawyer's comment was something to the effect of "if (kid's name) had only had an extra half-second's warning, he might have been able to get out of the way in time."
One can only speculate how much better it would have been if he hadn't been on the r-o-w in the first place.

I'm a big fan of the "Stay Off! Stay Away! Stay Alive!" slogan.

Heard about this via a post by Operation Lifesaver on Facebook..

[quote="At 7:30am PDT on Sunday August 10, 2014 In an article entitled "Sarah Jones’ Family Launches ‘Safety For Sarah’ Website", ANITA BUSCH of the DEADLINE HOLLYWOOD staff"]

The family of the Sarah Jones, the 27 year-old camera assistant who was killed on the set of the Gregg Allman biopic Midnight Rider in February, launched a website late yesterday called http://www.SafetyforSarah.com" onclick="window.open(this.href);return false; to bring attention to safety issues across the entertainment industry.





Sarah’s father Richard Jones announced the launch of the website on his FB page Saturday. When reached this AM by Deadline, Jones said his family created it “to get the message out and sustain the message so the issue of safety on the set will not be forgotten. While Sarah’s death seemScreenshot_2014-08-10-00-13-57-1s to have made some impact on the industry, we want that to continue so that others can be safe while they work.”

The website contains links to FB groups such as Slates for Sarah, I Refuse to Work on Midnight Rider and a link to sign the A Pledge to Sarah commitment to speaking up and out for on-set safety issues (the pledge currently has over 3,200 signees).



http://www.safetyforsarah.com/

The creation of the website comes after the family also gave its blessing to a crowdfunding campaign to raise money to develop an app that could be used to anonymously report safety issues on sets. That was not established directly by the family but they endorsed the app’s creation as they have become strong proponents for safety after their daughter’s tragic death. [/quote]

Read more at DEADLINE HOLLYWOOD's web site

Nice to see at least something positive come out of this..

A horrible event, indeed. I, however, cannot see CSX holding any blame or incurring expense from this. It just is NOT right for the railroad to be held responsible for the trespassing of others onto its R o W!

Wholly agree Mr. Gadfly, but again, as I earlier noted, just too darned many deep pockets around.

Unfortunately, it would appear the one party on whom the liability rests - the production company - is the one whose pockets "ain't so deep". It is foregone that whatever they have had in the way of insurance will quickly be "tapped out".

It's also standard practice in a case like this to sue any and all parties you can possibly link to the event, and let the court decide who the lawsuit sticks to.

100% of the time, in a railroad collision lawsuit, the railroad will get sued, as the lawyers are hoping/praying the court lets the RR part of the case stand as, in almost all circumstances, that's where the deepest pockets are.

litz wrote:100% of the time, in a railroad collision lawsuit, the railroad will get sued, as the lawyers are hoping/praying the court lets the RR part of the case stand as, in almost all circumstances, that's where the deepest pockets are.

Or they're hoping for a quick settlement out of court, by a defendant hoping to avoid the expense and general misery of a trial.

The recent fatal incident in Oklahoma where a utility worker was apparently hit by a train reminded me that when the Roadway Worker Protection regulations were first written, non-railroad contractors and others who might work near a track were exempted because it was felt that they were good about coordinating with the railroads. I have heard about or seen firsthand many instances that prove otherwise.

The Wall Street Journal, page A5, Friday, August 15, 2014, had a short short story, from the Associated Press, titled "Film Company Cited Over Fatal Train Crash." It said "The Occupational Safety and Health Administration proposed $74,900 in fines against Film Allman LLC, . . . . . The company was cited for two safety violations saying it willfully put workers in danger of being struck by a live train and at risk of falling off a railroad bridge where they were shooting a scene."

butts260 wrote:The Wall Street Journal, page A5, Friday, August 15, 2014, had a short short story, from the Associated Press, titled "Film Company Cited Over Fatal Train Crash." It said "The Occupational Safety and Health Administration proposed $74,900 in fines against Film Allman LLC, . . . . . The company was cited for two safety violations saying it willfully put workers in danger of being struck by a live train and at risk of falling off a railroad bridge where they were shooting a scene."

Would this be the correct article?

[quote="At 9:59 AM EDT on Aug 15, 2014 In an article entitled "Correction: Film Crew-Train Crash story", RUSS BYNUM of The Associated Press staff"]

Correction: Film Crew-Train Crash story

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.[/quote]

Read more at The Associated Press' web site

The WSJ article, but one column wide and 4 inches long, has ". . . about singer Greg Allman . . ". I had left this out as not relevant to the railroading aspects of the story.