A Savannah jury returned a verdict of $11.2 million late Monday after a six-day trial stemming from a fatal train accident on the set of "Midnight Rider" of which CSX Railroad is required to pay $3.9 million according to the jury's apportionment, though it has promised to appeal.
Sarah Jones, a 27-year-old camera assistant, was struck and killed on the Doctortown, Georgia, trestle when a CSX train hit the movie set where she was working on Feb. 20, 2014, according to the lawsuit.
The film "Midnight Rider" was to be a biopic based on musician Gregg Allman's autobiography, "My Cross to Bear."
Richard and Elizabeth Jones, Sarah's parents, sued a dozen defendants, including CSX, and the movie's director and producers.
The Jones family reached confidential settlements with 11 defendants in 2014. CSX is the only one that went to trial.
The company says it plans to appeal. Jay Traynham and Walker Stewart of Hall Bloch Garland & Meyer in Macon defended CSX at trial, along with Daryl Clarida of the firm's Atlanta office.
Hall Bloch referred questions to a CSX corporate contact, who provided a statement: "CSX is deeply sympathetic to the terrible loss suffered by the family of Ms. Sarah Jones, but respectfully disagrees with the conclusions reached by the jury today and will appeal," the company said Monday evening.
The case was tried before Chatham County State Court Judge Gregory Sapp. The jury awarded $1.99 million for the conscious pain and suffering, and $9.22 million for the full value of the life of Sarah Jones, then apportioned fault among 10 parties on the verdict form. CSX took the lion's share, with 35 percent.
Others with portions of fault had already settled their lawsuits, except for two notable ones: The jury found no fault on the part of Jones herself or "unknown film crew members."
She, like the other members of the film crew, went to work assuming they had permission to be there, according to her family's attorney, Jeffrey Harris of Harris Lowry Manton in Savannah and Atlanta. The suit also claimed crew members had been falsely informed that only two trains a day passed through the spot where they were setting up to film a dream sequence with a metal bed on a railroad track and William Hurt staring as Allman.
"We really struggled with the way to tell the story knowing that we were swimming upstream," said Harris, who tried the case with associate Yvonne Godfrey and Rebecca Franklin Harris of Franklin Law in Savannah.
The film's director, Randall Miller, served a year in jail after pleading guilty to involuntary manslaughter and criminal trespassing. The railroad blamed Miller and pointed out that the filmmakers were trespassing on the trestle, according to attorneys.