AMC sued for wrongful death of Walking Dead stuntman

The mother of a stuntman who died on the set of The Walking Dead is suing US broadcaster AMC in a wrongful death suit, saying she wants to ‘seek justice’ for her son.

33-year-old John Bernecker fell from a 22-foot platform on the show’s set outside Atlanta on July 12 last year.

Susan Bernecker filed the suit on Tuesday, and has accused AMC and the show’s production company Stalwart Films of cutting corners on safety.

The suit claims that AMC ‘orchestrated and enforced a pattern of filming and producing The Walking Dead cheaply and, ultimately, unsafely’.

Earlier this month, the Occupational Safety and Health Administration fined Stalwart Films the maximum $12,675 for ‘failing to protect employees from fall hazards’, calling it a ‘serious’ violation of safety procedures.

In a statement to news outlets, Bernecker, who has created a foundation in her son’s name, added: “My goal is to do everything I can to protect other stunt performers and to ensure their safety on the set in the future.

“The industry is not doing enough to maintain basic safety guidelines for these performers. Worst of all, they’re scared to speak up.”

Her son was an experienced stunt performer, who had appeared in more than 90 movies, including Logan and the Hunger Games series.

The suit claims that the fall was not rehearsed, and while there was a medic on set, there was no ambulance or medical transport.

Actor Austin Amelio, who plays Dwight in the show and is named as a defendant in the court filing, reportedly told the attending police officer on the scene that prior to the fall, Bernecker said that while he’d performed stunt falls before, he’d never done one from as high and ‘seemed a little nervous’.

Bernecker was supposed to fall over a railing from the platform, and land on an area of padding.

However, the suit claims that ‘the only fall protection for the scene consisted of an area of padding made up of ‘port-a-pit’ pads on top of 22-inch cardboard boxes tied together by rope. No air bags were used, nor were any spotters in place. The padding did not fully extend under the balcony’.

According to reports, while he made it over the railing, he seemed to try and stop the fall, grabbing for the railing and spinning upside down, landing on his head and shoulder inches from the safety pads.

The suit continues: “During and after John’s fall, he suffered conscious pain and suffering. There was no ambulance on site. It took over 30 minutes from the time of the fall before John was evacuated by helicopter for medical treatment. Ultimately, due to the delay in transport, it took roughly one hour after John’s fall before he was hospitalized for his injuries.”

He was declared dead the same day, and removed from life support on July 16.

A statement issued to Deadline from AMC reads: “Our thoughts and prayers are and have been with John Bernecker, his family, friends and everyone touched by this tragic accident since the moment it occurred.

“We take the safety of our employees on all of our sets extremely seriously, and meet or exceed industry safety standards. Out of respect for the family, we will have no further comment on this litigation.”

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