In a tragic accident, stuntman John Bernecker died after falling from a balcony while filming for The Walking Dead. The accident happened in 2017, and last December the jury reached its verdict. Ultimately it was determined that AMC and the production company, Stalwart Films, were liable for his death, and were ordered to pay the aforementioned $8.6 million.
In response, the company has taken their case to the Third Division of the Georgia Court of Appeals. Their case hinges on whether or not Bernecker was considered an employee or an independent contractor. AMC posits that Bernecker was not an independent contractor, but a full blown employee, which would mean that his family would be forced to go through the Georgia’s workers’ compensation system, instead of receiving a civil judgement.
The dispute boils down to who has to pay and how much. AMC noted that Bernecker’s contract repeatedly used the word “employee,” and that Bernecker “assumed the risks” of filming and was trained to do so. However, the jury felt otherwise, based on the fact that he received a 1099 tax form, was paid through his loan-out company, and was treated as a visitor to the set on a day-by-day basis. In their decision, they felt these facts made it clear that Bernecker was working as an independent contractor, and thus a civil judgement was appropriate.
Interestingly, doubt was also raised over whether Bernecker was even capable of signing the contract, noting that the date signed occurred while he was in a coma. This argument was made by Jeff Harris, who represented the mother of John Bernecker. He went on to argue that the appeals court should stand by the decision of the jury. It’s unclear how far AMC will get with the appeals court, as even Harris noted “It was admittedly a complicated, convoluted factual mess that the jury had to sort out.”
Source: Variety
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