Please read the following scenario from Chapter 14, page 564, "Just the Facts" and respond to the subsequent question be
Posted: Fri Jul 01, 2022 9:07 am
Please read the following scenario from Chapter 14, page 564,"Just the Facts" and respond to the subsequent question below. Noword limit is required, but please provide a meaningful andthoughtful opinion. If you would like more details, the case numberis provided below. Also, please comment on at least one fellowstudent’s comment (points will be taken off if no comment ismade).
In February 2014, shooting began for Midnight Rider, a filmbased on the lives of the Allman brothers. The film was nevercompleted. As the film crew set up to shoot a scene on an activetrain trestle owned by CSX Transportation, a freight train barreledthrough, killing a 27-year old camera assistant and seriouslyinjuring several other film crew members. The director andproducers in charge of the film knew that the railroad tracks werein active use and that CSX had refused permission to film on thetracks. Film crew and cast members were not informed that CSX wouldnot be on site and would not be controlling train traffic whilethey were filming on the tracks. Film Allman, L.L.C. v. Sec’y ofLabor, 682 Fed. Appx. 860 (11th Cir. 2017); Michael Cieply.“Midnight Rider’ Director Pleads Guilty to Involuntary Manslaughterin Death on Set.” New York Times (March 10, 2015), B3. Two-PartQuestion:
1. Did the film company violate the OSHA’s general duty clause?Why or why not?
2. Were the director and producers criminally responsible? Whyor why not?
In February 2014, shooting began for Midnight Rider, a filmbased on the lives of the Allman brothers. The film was nevercompleted. As the film crew set up to shoot a scene on an activetrain trestle owned by CSX Transportation, a freight train barreledthrough, killing a 27-year old camera assistant and seriouslyinjuring several other film crew members. The director andproducers in charge of the film knew that the railroad tracks werein active use and that CSX had refused permission to film on thetracks. Film crew and cast members were not informed that CSX wouldnot be on site and would not be controlling train traffic whilethey were filming on the tracks. Film Allman, L.L.C. v. Sec’y ofLabor, 682 Fed. Appx. 860 (11th Cir. 2017); Michael Cieply.“Midnight Rider’ Director Pleads Guilty to Involuntary Manslaughterin Death on Set.” New York Times (March 10, 2015), B3. Two-PartQuestion:
1. Did the film company violate the OSHA’s general duty clause?Why or why not?
2. Were the director and producers criminally responsible? Whyor why not?