Post by The Ultimate Nullifier on Sept 14, 2014 17:37:50 GMT -6
variety.com/2014/film/news/sarah-jones-family-urges-court-not-to-dismiss-open-road-from-lawsuit-1201302770/
The family of Sarah Jones, the camera assistant killed on the set of “Midnight Rider,” says that the film’s distributor Open Road Films bears liability for the accident, challenging the company’s effort to dismiss itself from the case.
Open Road was among the 16 defendants named in a civil suit filed in May by Jones’ parents, Richard and Elizabeth, but in August the distributor claimed that it was not liable because it was not involved in the production of the movie, and because it was never completed, it did not release it. It also challenged jurisdictional issues.
But in a filing on Tuesday in a Georgia state court in Chatham County, Jones’ family said that Open Road “essentially facilitated the production of ‘Midnight Rider’ and, at a minimum, there is a factual question regarding the extent of Open Road’s involvement and knowledge regarding the making of ‘Midnight Rider.’ Sarah Jones was killed as a direct result of the filming and production of ‘Midnight Rider,’ and therefore, Plaintiff’s wrongful death claims are directly connected and intertwined with Open Road’s business in Georgia.”
The Feb. 20 train accident occurred on the set of “Midnight Rider,” killing Jones and injuring six others.
In their lawsuit, the Jones family’ attorneys contend that director Randall Miller and others involved in the production lacked permission from CSX Transportation to shoot on a railroad trestle where the accident occurred, and that they failed to take “reasonable, minimum safety precautions.”
In their latest filing, the family’s attorneys claim that “by making Miller’s involvement in ‘Midnight Rider’ an ‘essential element’ of its agreement to distribute the film, Open Road essentially insisted upon the circumstances that ultimately caused Sarah’s death.”
Open Road also contended that no court has held that a distributor owes a duty to a crew member injured a a film set. But the Jones family attorneys said that a distributor’s involvement can vary significantly, so it is a question that should be resolved later in the litigation.
Miller; his wife, producer Judy Savin; and executive producer Jay Sedrish have each plead not guilty to criminal charges of involuntary manslaughter and criminal trespass. Through their attorney, Miller and Savin issued a statement in July in which they denied being reckless about on-set safety and defended their record. An issue in the case is expected to be the extent to which the filmmakers bore responsibility or had knowledge that they lacked permission to be on the trestle.
The Jones family is represented by a team led by Jeffrey Harris at Harris Penn Lowry in Atlanta.
The family of Sarah Jones, the camera assistant killed on the set of “Midnight Rider,” says that the film’s distributor Open Road Films bears liability for the accident, challenging the company’s effort to dismiss itself from the case.
Open Road was among the 16 defendants named in a civil suit filed in May by Jones’ parents, Richard and Elizabeth, but in August the distributor claimed that it was not liable because it was not involved in the production of the movie, and because it was never completed, it did not release it. It also challenged jurisdictional issues.
But in a filing on Tuesday in a Georgia state court in Chatham County, Jones’ family said that Open Road “essentially facilitated the production of ‘Midnight Rider’ and, at a minimum, there is a factual question regarding the extent of Open Road’s involvement and knowledge regarding the making of ‘Midnight Rider.’ Sarah Jones was killed as a direct result of the filming and production of ‘Midnight Rider,’ and therefore, Plaintiff’s wrongful death claims are directly connected and intertwined with Open Road’s business in Georgia.”
The Feb. 20 train accident occurred on the set of “Midnight Rider,” killing Jones and injuring six others.
In their lawsuit, the Jones family’ attorneys contend that director Randall Miller and others involved in the production lacked permission from CSX Transportation to shoot on a railroad trestle where the accident occurred, and that they failed to take “reasonable, minimum safety precautions.”
In their latest filing, the family’s attorneys claim that “by making Miller’s involvement in ‘Midnight Rider’ an ‘essential element’ of its agreement to distribute the film, Open Road essentially insisted upon the circumstances that ultimately caused Sarah’s death.”
Open Road also contended that no court has held that a distributor owes a duty to a crew member injured a a film set. But the Jones family attorneys said that a distributor’s involvement can vary significantly, so it is a question that should be resolved later in the litigation.
Miller; his wife, producer Judy Savin; and executive producer Jay Sedrish have each plead not guilty to criminal charges of involuntary manslaughter and criminal trespass. Through their attorney, Miller and Savin issued a statement in July in which they denied being reckless about on-set safety and defended their record. An issue in the case is expected to be the extent to which the filmmakers bore responsibility or had knowledge that they lacked permission to be on the trestle.
The Jones family is represented by a team led by Jeffrey Harris at Harris Penn Lowry in Atlanta.