Don't click or your IP will be banned


Hittin' The Web with the Allman Brothers Band Forum
You are not logged in

< Last Thread   Next Thread >Ascending sortDescending sorting  
Author: Subject: Midnight Rider (film) Update: Producer Seeks to Sue and Resume Film

True Peach





Posts: 13878
(13932 all sites)
Registered: 7/17/2002
Status: Offline

  posted on 8/14/2014 at 08:57 AM
http://deadline.com/2014/08/midnight-rider-lawsuit-insurance-company-randal l-miller-gregg-allman-819086/

by Dominic Patten
and Jen Yamato
August 13, 2014 3:13pm

So now, Randall Miller is suing over his OWN post-traumatic stress, etc. over the events that took place on day 1 of his guerilla-styled film shoot. I can't wait for the criminal and civil trials to begin so that this inconsiderate and delusional @$$hole can have the chance of being hung from a Georgia pecan tree!

The controversial Midnight Rider feature film may yet restart production, despite the death of camera assistant Sarah Jones and involuntary manslaughter charges against director Randall Miller and producers Jody Savin and Jay Sedrish, according to a court complaint filed this week.

Through Film Allman, the company they established for the Gregg Allman biopic, Miller and Savin filed suit Tuesday in L.A. County Superior Court against insurance company New York Marine.

“This action arises from New York Marine’s bad faith refusal to honor its obligations to pay for losses incurred by Film Allman, its insured,” says the 12-page breach-of-contract suit. “Following a fatal on-set accident, which also resulted in injuries to several of the film’s crew members and director, Film Allman was forced to shut down and then restart the production, incurring losses in excess of $1.6 million,” the complaint, filed on August 12, adds (read it here). The suit asks for a jury trial to decide the case.

Sarah Jones Midnight RiderThe 27-year old Jones was killed outside of Jesup, Georgia late on Feb. 20, when she was hit by debris from a collision between a freight train and a metal hospital bed that had been placed on the tracks for the filming of a scene. Filming closed down after the incident and since has led to several legal actions, including the criminal charges against the lead filmmakers.

According to the filing, Miller suffered physical injuries and post-traumatic stress disorder from the incident, rendering him “physically and psychologically unable to continue filming for several months following the accident.” In Tuesday’s filing, the filmmakers say script revisions submitted by Film Allman to New York Marine after the film was first suspended changed the project’s focus from Allman’s life to a 1970s-set story set in the world of rock and roll, leading the insurer to argue that the project was a new production not covered under the original agreement.

Part of what seems to outrage Miller and Savin is that the insurance company actually paid out some of the claim on the shuttered pic, but then halted further payments.

“Even worse, New York Marine unjustifiably has taken the position that the policy no longer will insure Midnight Rider on a forward-going basis and has threatened to cancel the policy altogether, thereby leaving Film Allman without any insurance coverage for the restarted production,” says the densely written complaint. “As a result, Film Allman is now saddled with over $1.6 million in losses and the prospect of having to abandon Midnight Rider entirely in light of New York Marine’s stated intention of cancelling the film’s insurance policy.”

Deadline reported in April that producers were trying to restart filming in the Los Angeles area. Allman subsequently sued the filmmakers to prevent a restart, but that case was later settled over undisclosed terms. Film Allman is represented by Michael O’Conner, Audrey Jing Faber and Richard DeLossa of LA firm Kelley Drye & Warren LLP.

 

____________________
Music is love, and love is music, if you know what I mean.
People who believe in music are the happiest people I've ever seen.

Bill Ector, Randy Stephens, Dan Hills and a guy named BobO who I never met - Forever in my heart!

 
Replies:

Zen Peach



Karma:
Posts: 46735
(46736 all sites)
Registered: 7/8/2004
Status: Offline

  posted on 8/14/2014 at 09:22 AM
This whole mess looks like one of those situations that ends up getting litigated for years.

 

____________________
"Live every week like it's Shark Week." - Tracy Jordan

 

True Peach



Karma:
Posts: 13878
(13932 all sites)
Registered: 7/17/2002
Status: Offline

  posted on 8/14/2014 at 09:35 AM
They seem to be trying to move from a story about Gregg to a more generic, 1970's rock and roll movie. Like my daddy used to say, "this $hit won't flush!"

 

____________________
Music is love, and love is music, if you know what I mean.

People who believe in music are the happiest people I've ever seen.



Bill Ector, Randy Stephens, Dan Hills and a guy named BobO who I never met - Forever in my heart!

 

Ultimate Peach



Karma:
Posts: 4733
(3088 all sites)
Registered: 1/8/2002
Status: Offline

  posted on 8/14/2014 at 11:01 AM
This is one nasty little bit of business that is a shame the name "Allman" will continue to appear in print tied to by nature of topic. It may be a (bad) PR spin Mr GA has no control over with movie rights maybe sold beyond his control. It is too bad we continue to read of this "movie".

 

____________________
Rage With Age

 

True Peach



Karma:
Posts: 10401
(10402 all sites)
Registered: 12/22/2003
Status: Offline

  posted on 8/14/2014 at 12:59 PM
Don't take any of this too seriously, it's just legal wrangling to avoid being held personally liable for happened. I am not saying Miller should not be held accountable, just that it may be a reasonable legal strategy.

 

____________________

We're all Bozos on this bus!

 

Zen Peach



Karma:
Posts: 64654
(64765 all sites)
Registered: 2/6/2002
Status: Offline

  posted on 8/14/2014 at 01:19 PM
quote:
Don't take any of this too seriously, it's just legal wrangling to avoid being held personally liable for happened. I am not saying Miller should not be held accountable, just that it may be a reasonable legal strategy.



Agreed. I don't see this suit even going to trial. I would bet a judge would just throw it out of court.

 

____________________
Where's My Mule?.

 
E-Mail User

Universal Peach



Karma:
Posts: 6635
(6635 all sites)
Registered: 11/7/2002
Status: Offline

  posted on 8/14/2014 at 06:30 PM
---Miller suffered physical injuries and post-traumatic stress disorder from the incident, rendering him “physically and psychologically unable to continue filming for several months following the accident.”---

It's a shame it didn't render him psychologically unable to continue with this project permanently.

However, I guess that would require a conscience or some modicum of common sense.

If the subject of the film is no longer Gregg Allman--you know, the guy who wrote the song Midnight Rider?--then the insurance company is well within their rights to say that this is a substantially different movie and not the same thing that they originally signed up to insure.

Brock? What say you, O legal eagle?

 
E-Mail User

World Class Peach



Karma:
Posts: 5451
(5450 all sites)
Registered: 4/18/2002
Status: Offline

  posted on 8/14/2014 at 07:27 PM
I'm not anywhere near a legal expert, but wouldn't the insurance company not pay out since they were illegally o the railroad property when it happened? Also, why doesn't the family of Sara Jones file murder charges rather than involuntary manslaughter since she was killed during an illegal act?

 

____________________
All photos posted of family, friends, and places, including those of historic ABB value, by this poster are copyrighted by the poster, or posted by permission of the copywriter.
None of those photos may be reproduced for commercial gain.

 

Peach Master



Karma:
Posts: 865
(865 all sites)
Registered: 6/5/2011
Status: Offline

  posted on 8/14/2014 at 10:21 PM
This is nauseating but nothing more than legal posturing.

I'm going to kick back and wait, interested to see where the dust settles. Like to see these film company creeps go to jail. Getting hurt because you broke rules doesn't mean you get to sue LOL. But people can and do, one strategy might be to force some kind of settlement: cost of settlement vs cost of lengthy legal battle.

I doubt that GA gave up all legal control and at any rate, GA is bigger than this or all the other 'issues' he's lived through. The reason Miller turned the film into stereotypical 70's rock cr*p is b/c the film ain't gonna continue with GA's name on it and Miller's slimey production company.

 

A Peach Supreme



Karma:
Posts: 2262
(2261 all sites)
Registered: 3/24/2005
Status: Offline

  posted on 8/16/2014 at 01:10 AM
quote:
I'm not anywhere near a legal expert, but wouldn't the insurance company not pay out since they were illegally o the railroad property when it happened?


A couple of points -

It hasn't been proved that the production was illegally on the railtrack. Perhaps if and when it is proved, the insurance company will have grounds to deny the claim or even make the policy void.

However, it seems to me more likely that the production company may have committed trespass which is a civil matter rather than a criminal act. As I understand it, the railtrack and surrounding area were private rather than public property.













 

Peach Master



Karma:
Posts: 814
(814 all sites)
Registered: 11/8/2008
Status: Offline

  posted on 8/16/2014 at 11:25 AM
http://online.wsj.com/articles/osha-cites-allman-film-company-in-train-cras h-1408053378

At least the Occupational Health and Safety Administration has found the producer culpable. $75K doesn't seem like much, but it's a statement of the federal government who oversees train transportation that there was error.

 

True Peach



Karma:
Posts: 13878
(13932 all sites)
Registered: 7/17/2002
Status: Offline

  posted on 8/16/2014 at 02:57 PM
quote:
quote:
I'm not anywhere near a legal expert, but wouldn't the insurance company not pay out since they were illegally o the railroad property when it happened?


A couple of points -

It hasn't been proved that the production was illegally on the railtrack. Perhaps if and when it is proved, the insurance company will have grounds to deny the claim or even make the policy void. ....


Actually, it is on record that the crew was DENIED permission to be on CSX's tracks. I'm no legal expert either, but I'd say that if you were shooting on the tracks after having been denied permission - you were illegally on the tracks.

http://variety.com/2014/film/news/midnight-rider-fatality-sherrif-report-sa ys-csx-denied-permission-for-shooting-1201119180/

 

____________________
Music is love, and love is music, if you know what I mean.

People who believe in music are the happiest people I've ever seen.



Bill Ector, Randy Stephens, Dan Hills and a guy named BobO who I never met - Forever in my heart!

 
 


Powered by XForum 1.81.1 by Trollix Software

Privacy | Terms of Service | Report Infringement | Personal Data Management | Contact Us
The ALLMAN BROTHERS BAND name, The ALLMAN BROTHERS name, likenesses, logos, mushroom design and peach truck are all registered trademarks of THE ABB MERCHANDISING CO., INC. whose rights are specifically reserved. Any artwork, visual, or audio representations used on this web site CONTAINING ANY REGISTERED TRADEMARKS are under license from The ABB MERCHANDISING CO., INC. A REVOCABLE, GRATIS LICENSE IS GRANTED TO ALL REGISTERED PEACH CORP MEMBERS FOR The DOWNLOADING OF ONE COPY FOR PERSONAL USE ONLY. ANY DISTRIBUTION OR REPRODUCTION OF THE TRADEMARKS CONTAINED HEREIN ARE PROHIBITED AND ARE SPECIFICALLY RESERVED BY THE ABB MERCHANDISING CO.,INC.
site by Hittin' the Web Group with www.experiencewasabi3d.com