Jury Awards $8.6 Million After 'Walking Dead' Stuntman Falls 22 Feet to His Death on Set

On July 12, 2017, John Bernecker was rehearsing a fight scene for Season 8 of 'The Walking Dead' at a production location in Senoia, Georgia, roughly 40 miles south of Atlanta. The 33-year-old stuntman, who had accumulated more than 90 film and television credits, was supposed to fall from a second-floor balcony and land on a crash pad positioned on the concrete floor below. He missed the pad by inches. The fall was approximately 22 feet. Bernecker struck the concrete head-first and died two days later from his injuries.

OSHA investigated and cited Stalwart Films, the production company overseeing filming, for failure to provide adequate protection from fall hazards, imposing the maximum allowable fine of $12,675. Bernecker's mother, Susan Bernecker, filed a wrongful death lawsuit in January 2018, naming Stalwart Films, TWD Productions VIII (a co-production entity), director Larry Teng, stunt coordinator Monty Simons, actor Austin Amelio, and AMC Film Holdings among the defendants.

Jeffrey Harris of Harris Lowry Manton LLP served as lead trial attorney for Susan Bernecker. At trial in Gwinnett County State Court, the family's legal team argued that a chain of safety failures caused John Bernecker to miss his mark: inadequate pre-rehearsal planning, insufficient matting coverage, and poor on-set oversight. The case went to a jury in December 2019, presided over by Judge Emily Brantley.

After a weeklong trial and two days of deliberations, the jury returned its verdict on December 19, 2019. Jurors found Bernecker 6% at fault and allocated 46% of fault to Stalwart Films and 25% to TWD Productions VIII. AMC Networks was found not negligent. The total award came to $8.6 million: $8.5 million for the full value of Bernecker's life and $100,000 for his pre-death pain and suffering.

Stalwart Films and TWD Productions appealed. On March 11, 2021, the Georgia Court of Appeals reversed the verdict in a ruling authored by Judge Sara Doyle. The court held that Bernecker was an employee of Stalwart Films rather than an independent contractor, concluding that Stalwart retained the right to control the time, manner, and method of his work. Because Bernecker qualified as an employee, the Workers' Compensation Act provided his exclusive remedy and barred the family's civil tort claims. Co-employees named as defendants received immunity on the same grounds. Jeffrey Harris indicated at the time that he intended to petition the Georgia Supreme Court for review.