Trial Magazine

John Bernecker, 33, was a stuntman on the set of “The Walking Dead.” He planned to perform a stunt that required him to fall from a 22-foot platform that was transformed into a balcony for the scene. The actor in the scene, Austin Amelio, was instructed not to actually touch Bernecker as he depicted his character shooting Bernecker and pushing him over the railing and off the balcony to the ground below, which was partially covered with padding on top of cardboard boxes.

During the scene, Bernecker went over the railing, and his body fell onto the area underneath the balcony, which was not padded or protected. He suffered blunt force trauma and was taken by helicopter to a hospital, where he died two days later. Bernecker, who had earned approximately $500,000 annually, is survived by his parents.

Bernecker’s parents, individually, and his mother, on behalf of his estate, sued production company Stalwart Films, LLC; stunt coordinator Monty Simons; first assistant director in charge of safety Jeff January; TWD Productions VIII; the wholly owned subsidiary of AMC Networks, Inc., which oversaw Stalwart; and unit production manager and executive producer Tom Luse.

Among other claims, suit alleged failure to take reasonable care to ensure Bernecker’s safety and failure to ensure a safe setup for the stunt, including providing adequate padding and spotting. They also alleged failure to provide clear instructions to Amelio, who, the plaintiffs asserted, had touched Bernecker during the scene. Suit also charged that the lack of an ambulance on set led to a half-hour delay in getting Bernecker to a hospital.

The defense argued that Bernecker’s decision to hold onto the railing as he was falling and failure to protect himself more fully led to the incident.

The jury awarded $8.6 million, finding Bernecker 6% at fault. The defense has appealed.

Citation: Bernecker v. Stalwart Films, LLC, No. 18-C-00435-S1 (Ga. St. Ct. Gwinnett Cty. June 2020).

Plaintiff counsel: AAJ members Jeffrey Harris, Savannah, Ga.; Rebecca Franklin Harris, Atlanta; and Yvonne S. Godfrey, Brookhaven, Ga.

Plaintiff experts: J.P. Gingras, accounting, Atlanta; Kelly Kennett, biomechanics, Alpharetta, Ga.; and Conrad Palmisano, movies and films, Los Angeles.

Defense expert: Michael R. Carhart, biomechanics, Phoenix.