THE SARASOTA HERALD-TRIBUNE

Judge sinks 'Perfect Storm' lawsuit
A Bradenton woman loses her court battle against Warner Bros. over the 2000 film

Like the Andrea Gail itself, a lawsuit against the studio and producers who filmed "The Perfect Storm" is sunk.

After nearly two years of legal wrangling, Jodi Tyne's claim that Warner Bros. should have paid her to make a film about her ex-husband's death was dismissed.

Warner Bros. officials are calling the decision, issued in Orlando on Thursday, a major victory for the First Amendment.

Tyne, who divorced former Cortez fisherman Billy Tyne one year before he captained the Andrea Gail into Hurricane Grace in October 1991, still lives in Bradenton. The family of another crew member, Dale Murphy, joined in the suit. Tyne declined to comment on the case Friday, saying she was too upset.

"You can call my lawyer. He has plenty to say," Tyne said.

Her Winter Park attorney said Conway's ruling gives moviemakers the right to fictionalize real people's lives and profit from their pain and suffering.

"They should make it right or change the names of the people," Ed McLeod said.

Jodi Tyne and the Murphy family claimed that Warner Bros. fictionalized their story about the Andrea Gail and how its crew was killed in a storm.

The filmmakers also used their names throughout the movie without permission, McLeod said. Their characters were also seen in brief portions of the film, he said.

In the movie, George Clooney, who played Billy Tyne, makes the fatal decision to turn the Andrea Gail into a raging storm. A wave then flips the boat, killing all six crew members.

In her 14-page order, however, Conway ruled that no law prohibits Warner Bros. from making up events.

She also ruled that the depictions of Jodi Tyne and members of Dale Murphy's family were true.

In a statement, Warner Bros. said the lawsuit "profoundly threatened free speech."

"The court's ruling is a huge victory not only for Warner Bros., but for all writers, artists and filmmakers who may now continue to find inspiration in historical events without having their creative visions censored and controlled," the Warner Bros. statement reads.

Lawyers for the company called the ruling a victory for filmmakers hoping to document historical events.

"You should be able to do stories about history, without paying for it," said Gregg Thomas, lead attorney for Warner Bros. and the movie's producers.

"These people all suffered a great loss when their loved ones died in that storm, but this action was not about that loss, but about important First Amendment issues," he said.

Thomas said the sinking was a tragic yet historic event, sparking numerous magazine articles, a best-selling novel, and, in June 2000, a movie.

"People are still doing movies about the Titanic," Thomas said. "You shouldn't have to pay to document history."

The lawyer for Tyne said the difference between the Andrea Gail and the Titanic is that his clients were "exploited on film."

Warner Bros. embellished facts to sell the film as a "real life" story, McLeod said. In doing so, Tyne and her daughters suffered when "The Perfect Storm" showed Billy Tyne steer the Andrea Gail into the storm.

The film's events, producers said, were based on Sebastian Junger's 1997 best-selling novel of the same name.

Caption: WARNER BROS.
Mark Wahlberg, left, and George Clooney appear in a scene from the Warner Bros. drama "The Perfect Storm." A judge dismissed a suit by the ex-wife of Billy Tyne, portrayed by Clooney in the film.