Eastern Railroad Discussion > Update of Film Crew Fatality last Thursday

The LA Times has a follow up story about the accident.

http://www.latimes.com/entertainment/envelope/cotown/la-et-ct-film-accident-georgia-20140224,0,183695.story#axzz2uIkcmnKq

It SEEMS that what most likely happened here is the film company called CSX since they would be near the tracks and asked about trains that would be coming soon. CSX likely assumed that the film crew didn't want trains going by while filming, informed them that two were close by, and thought that was it (also mentioning that the film crew would have a minute's notice of another train if/when one showed up). The film crew likely MISINTERPRETED that info to mean that it would be safe to be on the tracks as there were only two trains coming and they had gone by.

So in essence, CSX had no inkling that the film crew would be in the foul of the tracks and were just performing a courtesy by informing them that two trains were near so the filming wouldn't be interrupted, and the film crew thought that CSX was saying the tracks would be clear to be on after the two trains.

As we all know, basic railroad safety protocol would dictate at least one company employee would be present that would be able to have some control/advance warning of trains IF the railroad suspected/knew that a third party would be on their railroad.

-Tom

"Open Road Films, the film’s U.S. distributor; Unclaimed Freight, the Pasadena company producing the film; and the Georgia-based Meddin Studios film crew had permission from the railroad operator to film "Midnight Rider" near the railroad tracks, but they did not have permission to be on it, authorities told The Times last week.

"I do believe there is going to be an issue about whether they had permission to be on the tracks," Wayne County Sheriff’s Det. Joe Gardner said in the Times report."

I wonder if they decided just to insert that scene while they were at that location and thought they could pull it off without permissions.

ts1457 Wrote:
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> I wonder if they decided just to insert that scene
> while they were at that location and thought they
> could pull it off without permissions.

Very possibly.

It's not unusual for film crews to grab location shots on the fly, and then create a studio / CGI sequence around that footage.

No good deed (from CSX) will go unpunished. That's no comfort for the family of the dead woman.

Lackawanna484 Wrote:
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> It's not unusual for film crews to grab location
> shots on the fly, and then create a studio / CGI
> sequence around that footage.

Dream sequence, bed on a railroad bridge - you might have something there.

Sadly (in this case) many media production groups have a strong feeling of entitlement. Much like the film crews following media "stars", these "artists" get their shot by being rude, agressive, disengenuous, and CARE LESS.

Latest report: there is an E-mail confirming that CSX denied permission. Management of the
film crew are specifically named in the E-mail.

They should be prosecuted for taking their employee's life.

GenePoon Wrote:
-------------------------------------------------------
> Latest report: there is an E-mail confirming that
> CSX denied permission. Management of the
> film crew are specifically named in the E-mail.
>
> They should be prosecuted for taking their
> employee's life.

From the tone of the detective's comments, it sounds like the investigation is continuing. At a minimum it sounds like there's a reckless endangerment charge.

Hopefully, CSX is off the hook and it's not a cover up or someone else at CSX was involved unofficially.

wabash2800 Wrote:
-------------------------------------------------------
> Hopefully, CSX is off the hook and it's not a
> cover up or someone else at CSX was involved
> unofficially.

I'm sure that's an angle the detectives are examining.

Unfortunately, many conversations take place on unrecorded phone lines, so the result is "he said I could be there" and "I never gave anybody any permission". And, you have CSX, Rayonier (the owner of the land adjacent) and the film company involved.



Edited 1 time(s). Last edit at 02/25/14 11:23 by Lackawanna484.

Lackawanna484 Wrote:
-------------------------------------------------------
> wabash2800 Wrote:
> --------------------------------------------------
> -----
> > Hopefully, CSX is off the hook and it's not a
> > cover up or someone else at CSX was involved
> > unofficially.
>
> I'm sure that's an angle the detectives are
> examining.
>
> Unfortunately, many conversations take place on
> unrecorded phone lines, so the result is "he said
> I could be there" and "I never gave anybody any
> permission". And, you have CEX, Rayonier (the
> owner of the land adjacent) and the film company
> involved.


In my life of work (pharmaceuticals) if it isn't on paper it doesn't exist or didn't happen. Some don't realize that a conductor for example, can't give you legal permission to enter RR property. This seems to be an "iceberg story" where most of the details are unseen so far...

Posted from Android

my favorite line…. say it forget it… write it regret it….

CSX will likely get sued anyway. Union Pacific had only a stopped freight train in California when a suicidal illegal jumped out of his truck seconds before a Metra train hit it and the Union Pacific freight train. UP was sued and found liable.

rrpreservation Wrote:
-------------------------------------------------------
> CSX will likely get sued anyway. Union Pacific had
> only a stopped freight train in California when a
> suicidal illegal jumped out of his truck seconds
> before a Metra train hit it and the Union Pacific
> freight train. UP was sued and found liable.

Juries have become increasingly focused on the outcome of situations, and much less so on the often stupid decisions which preceded them.

You never want to go before a jury if you can avoid it...

I can think of some legal theories that could be used to go after CSX and I'm not even a lawyer. I'm not going to mention them here because I don't want to inadvertently help out any lawyers that might search resources such as Trainorders.



Edited 1 time(s). Last edit at 02/26/14 09:13 by ts1457.

Having been on a jury and been through jury selection several times, I can tell you the defense looks for gullible and stupid people. I lost all faith in the legal system also based on what I saw in a prosecutor too. I and another juror caused a hung jury because we could see through the smoke screen. And we were treated badly by the rest of the jurors because of it. Also, when a individual has to plead guilty for something he or she did not do to avoid time, there is another symptom of a bad system. I will never serve on a jury again. More judges need to stand up and take a stand against much of the baloney that goes on.


Lackawanna484 Wrote:
-------------------------------------------------------
> rrpreservation Wrote:
> --------------------------------------------------
> -----
> > CSX will likely get sued anyway. Union Pacific
> had
> > only a stopped freight train in California when
> a
> > suicidal illegal jumped out of his truck
> seconds
> > before a Metra train hit it and the Union
> Pacific
> > freight train. UP was sued and found liable.
>
> Juries have become increasingly focused on the
> outcome of situations, and much less so on the
> often stupid decisions which preceded them.
>
> You never want to go before a jury if you can
> avoid it...

Lackawanna484 Wrote:
-------------------------------------------------------
> wabash2800 Wrote:
> --------------------------------------------------
> -----
> > Hopefully, CSX is off the hook and it's not a
> > cover up or someone else at CSX was involved
> > unofficially.
>
> I'm sure that's an angle the detectives are
> examining.
>
> Unfortunately, many conversations take place on
> unrecorded phone lines, so the result is "he said
> I could be there" and "I never gave anybody any
> permission". And, you have CSX, Rayonier (the
> owner of the land adjacent) and the film company
> involved.

Unrecorded phone lines?? No problem, just call the NSA I'm sure they have a record of it! ;)

Mike Cyr
Holiday, FL
Jointed Rail Productions

CNN article on the topic.
http://www.cnn.com/2014/02/26/showbiz/slates-for-sarah-elizabeth-jones/index.html?hpt=hp_c2=

And another one
http://variety.com/2014/film/news/midnight-rider-fatality-sherrif-report-says-csx-denied-permission-for-shooting-1201119180/



Edited 1 time(s). Last edit at 02/26/14 17:29 by pyroman.

ts1457 Wrote:
-------------------------------------------------------
> I can think of some legal theories that could be
> used to go after CSX and I'm not even a lawyer.
> I'm not going to mention them here because I don't
> want to inadvertently help out any lawyers that
> might search resources such as Trainorders.


Your not a lawyer, you thought of some theories to possibility attack CSX and you are worried about the real lawyers learning something from you...Hmmm. And to troll on TO's to get ideas, lawyers are not stupid.