The makers of the movie "Midnight Rider," based on the life of Gregg Allman, have been named, along with Allman, for the wrongful death of a camera assistant that was struck by a freight train during filming, as reported by the Los Angeles Times and other media outlets.
S.J., 27, was killed on location in southeast Georgia, Atlanta, on February 20. Her parents, R.J. and E.J., filed the suit in Georgia's Chatham County State Court on May 20, and seeks unspecified punitive damages.
Along with S.J., six other crew members were injured in the accident. The group was preparing a scene on a historic train trestle in Doctortown, Georgia, when an oncoming train crashed into them. S.J. was tasked with placing a bed on the tracks for a dream sequence when the accident occurred.
The suit names the producer/director R.M., his wife J.S., executive producer Gregg Allman, the local production company, two theater chains and others as the negligent parties responsible for causing S.J.'s death.
Several safety violations alleged in the suit include the failure to have permission to film on the tracks and not sharing that knowledge with the crew, a safety meeting was not conducted prior to filming, and not hiring a medic or a railway representative for the shoot.
The suit states, "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."
The crew members worked, unhindered, as they were told by a Rayonier representative that owned the land that only two trains were due to pass through the area that day. However, at approximately 4:30 p.m. a third train approached the crew.
The train was described "as wide as the trestle bridge" and coming at them at a "rapid speed." As crew members tried to run away, S.J. couldn't escape. The suit explains, "While the crew had been told they would have 60 seconds to remove themselves, the equipment, 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."
Filming has since shut down; actor William Hurt – who was playing Gregg Allman – has left the production, and investigations by both federal and state agencies are underway.
Hurt had asked questions about the crew's safety prior to the accident, according to reporters.
S.J. began her film career working on the TV show "Army Wives." She grew to be a popular member of the crew. Since her death her friends and colleagues have used social media to campaign the Academy of Motion Picture Arts and Sciences to honor her with a tribute during the Oscars.
If your loved one died under questionable circumstances, and you believe that someone else was at fault, contact a personal injury lawyer right away! A judge or jury may award you damages for your loss.