According to a report by The Associate Press, the suit was issued last week in Savannah, Georgia. Allman's attorneys contend that the singer was not fully paid for the film rights. They pointed out that the agreement with the company stated that the filming had to begin by February 28.
The suit is also in response to the tragic death of 28-year-old camera assistant, Sarah Jones, and injuries to seven other crew members. The production had just gotten underway when the accident occurred.
On February 20 in Wayne County, Georgia, the crew had set up a bed on a railroad bridge. They were testing cameras for a dream sequence scene involving two trains. A third train appeared unexpectedly. Director, Randall Miller, and Jones rushed to get the bed off the tracks. Miller fell and had to be pulled to safety. Witnesses said that the bed exploded when it was hit and Jones and seven other crew members were struck by flying debris.
Following the accident, Allman had written to Miller saying, "I am writing to you as one human being to another, and appealing to you from my heart.
"I am asking you from a personal perspective not to go forward. The reality of Sarah Jones' tragic death, the loss suffered by the Jones family and injuries to the others involved has led me to realize that for you to continue production would be wrong."
The production was shut down indefinitely after the accident, and actor William Hurt, who was due to play Allman, has pulled out of the project. However recent reports have indicated that filming is due to resume in June.
Allman's suit asked a Superior Court judge to order Unclaimed Freight Productions, "to cease all efforts to make a motion picture based upon the life of Gregg Allman and/or his autobiography."
The producers made no comment after the suit was filed. However, according to legal papers, Unclaimed Freight Productions told Allman's attorneys that the footage that was shot on the train track before the crash satisfied the principle photography deadline of February 28.
After reviewing the footage, the singer's lawyers said, "none of it contained any dialogue whatsoever or appeared suitable for inclusion in the film."
A hearing is scheduled for May 12.