'Walking Dead' Wrongful Death Lawsuit Headed for Trial
"Negligence on the stunt is the heart of the case," said plaintiff's counsel Jeffrey Harris of Harris Lowry Manton in Savannah and Atlanta. "At the end of the day it's going to be a straightforward question of whether the actor and the production company were negligent in the way they set up the stunt."
October 29, 2019 at 10:31 AM
4 minute read
The upcoming trial over a death on the set of the "Walking Dead" zombie drama will hinge on one key question: What happened in the moments before a stuntman plunged off a balcony and missed an airbag 20 feet below.
Lawyers for the AMC television series and its producers have argued that they are not to blame and that John Bernecker assumed the risk of his dangerous job. But lawyers for his parents, Susan and Hagen Bernecker, say something went wrong on that balcony.
The wrongful death lawsuit alleged that an actor who was supposed to fake shooting, then grabbing and pushing the stuntman off the balcony, instead made actual physical contact—which changed the trajectory of the fall. They are suing AMC Networks and Stalwart Films.
"Negligence on the stunt is the heart of the case," said Jeffrey Harris of Harris Lowry Manton in Savannah and Atlanta, who represents Susan Bernecker. "At the end of the day, it's going to be a straightforward question of whether the actor and the production company were negligent in the way they set up the stunt."
Harris represented the family of camera assistant Sarah Jones over her 2014 death while filming "Midnight Rider" near Savannah. After years of litigation, the family reached a confidential settlement with CSX Transportation in January. The undisclosed payment satisfied a $3.9 million judgment against the railroad resulting from apportionment of a 2017 verdict totaling $11.2 million. It concluded the case against the last of a series of defendants involved in the train crash on the set of a movie about musician Gregg Allman.
The "Walking Dead" trial is set to open Dec. 9 before Judge Emily Brantley in Gwinnett County State Court.
AMC and Stalwart are represented by Jackson Dial, David Dial and Joshua Wood of Weinberg Wheeler Hudgins Gunn & Dial. They deferred to a company spokesman, who shared an emailed statement.
"This was a tragic accident, and we have and continue to express our deepest condolences to the family of John Bernecker," the company said. "As it relates to the litigation, we will let our legal and factual defenses speak for themselves."
The judge has already denied a series of pretrial defense motions to throw out the lawsuit and a key expert witness whose testimony will support the plaintiff's theory of the case.
"Defendants argue that Bernecker was an experienced stunt man and that he knew what he was doing and had been hurt on stunts many times before," the judge said in her order denying the company's motion to dismiss. "In other words, Bernecker knew the risk of his profession and voluntarily engaged in this act—even assuming the risk that another actor's negligence in touching him and possibly affecting the trajectory of his fall could occur. The court does not agree."
The expert the defense attorneys attempted to exclude is Conrad Palmisano, an experienced stunt performer and coordinator. Palmisano has testified by deposition that video of the fall shows that an actor who was supposed to fake grabbing and pushing Bernecker actually touched him, according to the judge's orders. Palmisano's testimony is expected to include his opinion that the contact fatally changed the equation of the fall.
"The court finds this testimony acceptable for consideration by the jury, as he is an expert in the field," the judge said in an order dismissing the challenge, "His opinions are subject to cross-examination and the jury can accept or reject them out of hand."
The case is Bernecker v. Stalwart, No. 18-C-00435-1.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'It Refreshes Me': King & Spalding Privacy Leader Doubles as Equestrian Champ
5 minute readFederal Judge Rejects Teams' Challenge to NASCAR's 'Anticompetitive Terms' in Agreement
Trending Stories
- 1Tensions Run High at Final Hearing Before Manhattan Congestion Pricing Takes Effect
- 2Improper Removal to Fed. Court Leads to $100K Bill for Blue Cross Blue Shield
- 3Michael Halpern, Beloved Key West Attorney, Dies at 72
- 4Burr & Forman, Smith Gambrell & Russell Promote More to Partner This Year
- 5Sanctions Order Over Toyota's Failure to Provide English Translations of Documents Vacated by Appeals Court
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250