In their five-page opinion, the Court wrote:
“As the Film Allman crew set up to shoot a scene that afternoon on the Doctortown train trestle — an active trestle owned by CSX (‘CSX’) Transportation that spans the Altamaha river in Jesup, Georgia — a freight train barrelled through … Film Allman and its supervisors on the set that day failed at every opportunity to ensure the safety of its employees: Film Allman ‘knew the railroad tracks were live tracks, in active use by CSX and that CSX had refused permission to film on the tracks … Supervisors Miller, Savin, Sedrish and Ozier were aware no CSX representatives were present at the site to control train traffic while the employees were on the trestle. None of Film Allman’s supervisors informed the crew and cast that CSX would not be on site and would not be controlling train traffic while they were filming on the tracks.’ In short, Film Allman put its employees in harm’s way, and the results were catastrophic.”
Miller, exec producer/unit production manager Jay Sedrish and first assistant director Hillary Schwartz all pleaded guilty to felony involuntary manslaughter and criminal trespassing in a Georgia courtroom two years ago. Miller served time in jail in Georgia. Sedrish and Schwartz received 10 years probation.
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