"The Walking Dead" Stuntman Dies After On-Set Injury
by Lindsay Macdonald
July 14, 2017


After suffering an injury on the set of "The Walking Dead", stuntman Jon Bernecker has died.

News broke in the early afternoon that Bernecker had suffered a serious fall of 30 feet onto a concrete floor below. He was immediately taken to Atlanta Medical Center and rushed to intensive care. The news of his death was first reported by Comicbook.com and confirmed with the medical examiner by TMZ. He succumbed to head injuries from the fall.

According to TMZ, Bernecker passed Wednesday while surrounded by friends and family including his girlfriend, who is also a stunt performer on the show. He was 33.





AMC released a statement to Deadline after news of the accident broke:

"We are saddened to report that John Bernecker, a talented stuntman for The Walking Dead and numerous other television shows and films, suffered serious injuries from a tragic accident on set. He was immediately transported to an Atlanta hospital, and we have temporarily shut down production. We are keeping John and his family in our thoughts and prayers."





Meanwhile, SAG-AFTRA is already investigating the accident.

"We have been informed of a serious injury to a SAG-AFTRA member on the set of The Walking Dead and are investigating the situation," the union said in a statement. "As always, the safety and security of our members and others on set is of crucial concern to us and we are focused on this in our investigation. Our thoughts and prayers are with the performer and his family."

http://www.tvguide.com/news/the-walking-dead-stuntman-dies-after-on-set-injury/

What does it mean by temporarily shutting down production? Of the show?

What does it mean by temporarily shutting down production? Of the show?

Yes, the show has stopped filming while investigations are ongoing.

New Investigation Details Emerge in "The Walking Dead" Stuntman's Death
by Jonathan Handel
July 19, 2017


In the aftermath of the tragic death of 33-year-old stuntman John Bernecker — who died July 12 after plunging headfirst from a balcony on the Georgia set of "The Walking Dead" — questions abound about how a seemingly simple 22-foot fall (“the ABC of stunts,” in the words of one veteran stunt coordinator) could go so horribly wrong.

The case has now been assigned to Capt. John Kennedy, an officer within the Coweta (Georgia) County Sheriff’s Office, which, after initially being open about its investigation, has since refused to give materials to the media.



A staff member there told THR on July 17 that the office had been instructed to “freeze” all provision of additional materials — no photographs, videos or new reports — per a state law protecting pending investigations.

The Coweta probe will proceed in tandem with two others, led by the federal Occupational Safety and Health Administration and SAG-AFTRA, though the latter does not hire independent investigators.







Right after the incident, local law enforcement faced problems that might complicate further discovery. Deputy Sheriff J.P. Traylor, the first officer on the scene — he arrived at Raleigh Studios in Senoia, Georgia, at 1:47 p.m., a half-hour after the 1:11 p.m. incident — filled out a four-page report that day but was unable to interview stunt coordinator Monty L. Simons as most crewmembers had been sent away within minutes of the accident, according to Traylor’s report.

It’s unclear who asked them to leave the set. (Simons did not respond to an email and call requesting comment, but he was described by veteran stuntman Conrad Palmisano, a former president of the Stuntmen’s Association of Motion Pictures, as “very qualified, a good guy, focused and competent.”)



Nor was Traylor able to interview "The Walking Dead’s" first assistant director on the episode (whose name hasn’t been made public), the person who generally is responsible for set safety, according to the Directors Guild agreement with studios and producers.

Instead, according to Traylor’s report (whose second page has been deliberately withheld pursuant to law, according to a sheriff’s clerk), the deputy was able to contact only two of those present, second assistant director Matthew Goodwin and actor Austin Amelio (who plays Dwight on the series), the other performer on the balcony.







Bernecker’s girlfriend, Jennifer Cocker — herself a stuntwoman who has worked on such projects as the AMC series "Preacher" — has questioned Amelio’s presence on the balcony on the grounds that it was wrong to have an experienced professional next to a relatively inexperienced actor “who doesn’t know what he’s doing.”

(Amelio did not respond to a request for comment.)





Other issues surround the case, including why photos of the scene show a balcony but no padding below, and why it took 17 minutes for an ambulance to reach the stuntman, who subsequently was helicoptered to Atlanta Medical Center.

While a fire engine arrived within seven minutes, medevac helicopter Air Life 4 did not evacuate Bernecker until about 30 minutes after the fall. He was declared dead at 6:30 p.m., but remained on life support for several more days.





The tight-knit stunt community (who also are members of SAG-AFTRA) has been devastated by the death, and still remembers other tragedies on the sets of productions including 2002’s XXX and 2012’s The Expendables 2.

AMC and showrunner Scott Gimple issued statements saying they were “deeply saddened.”





According to the report by Traylor (who spoke with THR on July 17, after his superiors closed off provision of documents), Bernecker was supposed to fall from the balcony railing onto a pad made of a layer of boxes, PortaPit pads and another large pad, but missed the padding by inches.

Traylor’s report quotes Goodwin as saying that, after signaling he was ready, Bernecker got most of the way over “but did not appear to get good separation from the balcony.” He attempted to abort the fall by grabbing the railing with both hands but failed.





Bernecker, who had accumulated 93 stunt credits in less than a decade of work, was experienced enough that eight of those credits were as a stunt coordinator. In that more senior role, he would have been responsible for designing and prepping stunts and would be a key player responsible for the safety of other stuntmen.

Stunt performers also are responsible for examining the stunt design and demanding changes if necessary, according to multiple stuntmen sources.





Now it remains to be seen whether the investigations will lead to changes in the SAG-AFTRA agreement between studios and the union, whose wording on such matters is vague.

“All reasonable requests and requirements for safety equipment in connection with the performance of stunts shall be complied with by Producer,” the agreement states, without defining “reasonable.”







Production on the eighth season of "The Walking Dead", cable’s top-rated show, was halted immediately after Bernecker’s fall, but it resumed July 17, leaving insurers to wrangle over who pays for what.

The employer of record is customarily the payroll company, rather than AMC, which produces the series, says HUB Entertainment’s Christie Mattull, an insurance broker. Other entities involved might have general liability policies, but AMC may have to cover the costs of the production delay, as cast insurance usually only applies to stars.



No word was made public at press time about funeral plans, though the family had Bernecker’s organs donated, according to LifeLink Foundation.

“Something obviously went wrong,” says Palmisano, who adds that the cause might ultimately never be known. “It’s never a black and white thing. It’s always a pinch of this, a dash of that, then something tragic happens.”

http://www.hollywoodreporter.com/news/walking-dead-stuntman-death-new-investigation-details-emerge-1022384

"The Walking Dead" Pays Tribute to Stuntman John Bernecker, Director George Romero
by Dan Snierson
July 21, 2017


The cast and producers of "The Walking Dead" were scheduled to take the stage at Comic-Con’s Hall H in San Diego on Friday afternoon to preview the season 8 of AMC’s hit zombie drama.

But the panel took on a somber, reverential tone before any talk of the new episodes could commence as the TWD team paid tribute to 33-year-old stuntman John Bernecker, who died July 12 at an Atlanta hospital after falling 30 feet onto a concrete floor during a fight scene on the set, and, later, the godfather of the zombie film, George A. Romero, who died last week.





At the "Fear the Walking Dead" panel that took place right before "The Walking Dead" session, "Talking Dead" host/moderator Chris Hardwick opened the proceedings with a moment of silence for Bernecker.

And at "The Walking Dead" panel, instead of Hardwick moderating as usual, the producers and cast appeared on stage and executive producer Scott M. Gimple began by saying, “We want to start out today by telling you about John Bernecker. John was a stunt performer. You’ve probably seen his work before — you just didn’t know it.”

He rattled off his credits which include Looper, This Is the End, The Hunger Games, 22 Jump Street, Get Out, Logan, and Black Panther.



“John passed away this week after he was injured doing something he loved — helping tell stories that excite, entertain, and give people escape,” he continued.

“John was someone beloved in the stunt community, someone who trained other people and helped them break into the business. He was living his dream, and he helped other people do the same thing.”

“We didn’t really know if we should do this panel, but we wanted to be here for you,” Gimple shared before introducing the season 8 trailer.

http://ew.com/tv/2017/07/21/the-walking-dead-panel-tribute-stuntman/

"The Walking Dead" Cancels TCA Panel for Stuntman’s Funeral
by Dominic Patten
July 27, 2017


"The Walking Dead" will not have a panel at this summer’s TCA so the cast and executive producers can attend the funeral of deceased stuntman John Bernecker, AMC announced today.

Amidst several other AMC and Sundance TV presentations, the long planned session for the zombie apocalypse blockbuster was set to take place on July 29.

http://deadline.com/2017/07/walking-dead-tv-critics-panel-canceled-stuntman-funeral-1202137874/

"The Walking Dead" Creator Robert Kirkman: John Bernecker’s Death was “A Freak Accident” – TCA
by Antonia Blyth
July 29, 2017


The tragic death of stuntman John Bernecker on the set of "The Walking Dead" on July 13th sent shockwaves through the industry and today at TCA, Executive Produer Robert Kirkman addressed what happened.

When asked by reporters if storylines would be changed in light of the tragedy, he said, “No storylines were changed, you know, that was a tragic accident. It wasn’t story related, it was just a freak accident that happened on set and it’s something that we’re dealing with, but it hasn’t affected the storyline in any way.”

Clearly not wanting to go into too much detail, Kirkman added simply that everyone on set was “dealing with it. It’s a tragedy, so it’s something that everyone is dealing with in their own way, and it’s something that will continue to stick with us for years to come.”

http://deadline.com/2017/07/the-walking-dead-robert-kirkman-john-bernecker-tca-1202138808/

"The Walking Dead" Deceased Stuntman’s Mother Hires Sarah Jones’ Family Attorney
by Anita Busch
August 28, 2017


Susan Bernecker, the mother of the stuntman who died from a fall gone wrong on the set of "The Walking Dead" in July after a traumatic head injury, has hired Atlanta attorney Jeffrey R. Harris to explore a lawsuit.

Harris is the same lawyer Richard and Elizabeth Jones hired for their lawsuit against CSX and others from the wrongful death of their daughter, Sarah, on the set of Midnight Rider.

A lawyer with the firm confirmed to Deadline that Bernecker had hired them, and said that a lawsuit would be forthcoming. Word of the hiring was first reported by the Atlanta-Journal Constitution.

http://deadline.com/2017/08/the-walking-dead-stuntman-death-john-bernecker-family-hires-sarah-jones-attorney-1202157599/

"The Walking Dead" Production Company Fined for "Serious" Citation over Stuntman's Death
by Lauren Huff
Jan. 5, 2018


Following the death of 33-year-old "The Walking Dead" stuntman John Bernecker in July 2017, OSHA has imposed the maximum fine allowable in the citation's category against the show's production company, Stalwart Films LLC. The stuntman fell more than 20 feet on the Georgia set of the show July 12.

OSHA, or the Occupational Safety and Health Administration, issued a "serious" citation "for the company’s failure to provide adequate protection from fall hazards" following its investigation into Bernecker's death. The fine for the citation is $12,675.




According to its website, the majority of OSHA citations are listed as "serious," as opposed to "willfull" or "repeat" violations, which are considered more serious.

“This tragedy should serve as a wake-up call for the entertainment industry,” said OSHA Atlanta Regional Administrator Kurt Petermeyer in a statement. “The entire industry needs to commit to safety practices for actors and stunt people involved in this type of work.”

The company now has 15 business days to comply or contest the findings.




In response to the fine, Stalwart Films LLC released the following statement, obtained by THR: "This was a tragic and terrible accident. We take the safety of our employees extremely seriously on all of our sets and comply with — and frequently exceed — industry safety standards. We disagree with the issuance of this citation and are considering our response."

In addition to OSHA's investigation, SAG-AFTRA announced at the time it was looking into the matter as well.

https://www.hollywoodreporter.com/news/walking-dead-production-company-given-maximum-fine-stuntmans-death-1072086

Mother of The Walking Dead stuntman who was killed on set says Hollywood covers up its safety problems like it did with sexual harassment (http://deadline.com/2018/01/john-bernecker-stuntman-death-foundation-susan-bernecker-mother-safety-1202238818/)
“If you take out the word ‘sex’ and put in ‘safety,’ it’s the same thing,” says Susan Bernecker, the mother of late stuntman John Bernecker. “This is parallel in my mind. There are the same pressures and the same risks. People are afraid to speak out because they’re afraid they’ll never work again or that they’ll be looked down upon.”

AMC Sued for Wrongful Death of "The Walking Dead" Stuntman
by Dominic Patten and David Robb
January 24, 2018


More than six months after "The Walking Dead" stuntman John Bernecker was killed on the Atlanta set of the AMC blockbuster series, his mother has followed through on her promise to “seek justice” with a wrongful-death lawsuit that puts the blame on AMC for allegedly doing things on the cheap.

“The production of Season 8 of The Walking Dead, like seasons before it, had an emphasis on keeping production budgets low and profits high,” the filing asserts, repeatedly.

“The Stewart Film defendants’ numerous failures to take reasonable safety precautions were the direct result of the policies, pressure, and decisions from the AMC Defendants to produce The Walking Dead for minimum cost and maximum profit,” says the jury-seeking suit that lawyers for Susan Bernecker and her son’s estate filed late Tuesday in Georgia state court.





“As the ultimate decision-makers for The Walking Dead production, the AMC Defendants are each independently responsible for the failure of The Walking Dead production to take reasonable safety precautions to protect its performer, John Bernecker.

Each of the Defendants had knowledge, actual or constructive, that the film of Season 8 of The Walking Dead, include Episode 807, was not being performed in a safe manner in accordance with industry standards.”





“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,” AMC said in a statement to Deadline on Wednesday.

“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.”







Filmed on July 12, 2017, the stunt required Bernecker to perform a stunt fall off of a 22-foot platform, transformed into a balcony for the scene, over a metal railing. According to the suit, actor Austin Amelio, who’s named as a defendant, was part of the scene and the only other person on the balcony with Bernecker when the scene was filmed.

In the scene, Amelio’s character was to “shoot” Bernecker and “push” him over the railing and off of the balcony. “Amelio was instructed not to actually touch John during the stunt performance,” the suit states. “To allow John to propel himself up and over the balcony’s makeshift railing, John used an ‘apple box’ – a wooden box or crate used in film production for various purposes, and is used in stunt performances to provide additional height or leverage.”

“On the ground below,” the suit adds, “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.”





The suit claims that the fall had not been rehearsed before filming and that although a medic was present on the set, “there was no ambulance or medical transport at the filming location, contrary to established industry standards.”

When it came time to shoot the scene, the suit alleges that “Amelio actually touched John, appearing to push John, yet pulling or grabbing the clothing at John’s back. As John ‘fell’ over the railing, his momentum was changed or inhibited, causing the trajectory of his fall to lead closer to and underneath the balcony. John was propelled to the ground under the balcony, where the ground was not padded or protected in any way.”





The suit says he “landed on his head or shoulder area” and suffered blunt force trauma and severe traumatic injuries as a result of the fall. “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.”

Bernecker was declared dead on July 12 and removed from organ support on July 16.





The suit claims that Stalwart films allowed Amelio – an “untrained and inexperienced” actor – “to participate in a stunt fall rather than utilizing another stunt double performer to work with John.” It blames Stalwart for providing the apple box that was “insufficiently stabilized or equipped with grip material to allow John to gain the momentum necessary to propel him over the railing with the proper trajectory.”

Claiming that Stalwart “failed to properly and safely produce, direct, and perform the scene using reasonable, minimum safety precautions,” the suit accused Stalwart of “failing to provide an adequate area of padding that covered a sufficient area of ground, including the area below and underneath the balcony where John was standing” and “failing to utilize appropriate padding and construction, or preparation of a viable pad, for use in a stunt fall.”





It goes on to accuse the company of “failing to utilize spotters around the padding to assist in protecting John and correcting his trajectory, in keeping with industry standards; failing to pad or protect the ground area around the pads to provide for protection if John’s fall extended beyond the padding; failing to reduce the stunt fall distance for the scene when proper safety measures for the 22-foot fall could not be utilized; failing to use any sort of catch, restraint, or deceleration system to prevent John from contacting the ground, especially if the fall is not planned to be filmed; failing to secure the services of an independent safety specialist to assess the potential hazards and develop appropriate risk reduction strategies, and failing to provide and require the use of personal protective equipment that may have reduced the risk of injury to John.”







Other individuals named in the suit include Larry Teng, the episode’s director; Tom Luse, an executive producer and production manager; Jeffrey January, the first assistant director; Monty Simons, the episode’s stunt coordinator; and Matthew Goodwin, the show’s key second assistant director.

The suit claims that Teng “retained responsibility for ultimate decision-making when filming a scene, and was ultimately responsible for ensuring scenes were filmed safely and in compliance with applicable laws, regulations, and industry standards.”

According to the suit, Simons “was responsible for designing the action sequence and coordinating all the personnel and equipment needed to safely execute the action sequences.”

The suit states that Luse was “responsible for managing the production” and “regulating the cost and budget” of the episode.

It says that January “was assigned primary responsibility for taking care of the health and safety of the crew, by, among other things, holding safety meetings, ensuring safety precautions are in place, arranging for appropriate medical personnel and facilities at filming locations, and reporting any unsafe conditions,” and that he “delegated or assigned a portion of the responsibilities related to the health and safety of the crew” to Goodwin.




Naming AMC, Amelio and the various production entities connected with the Peach State-produced show, Bernecker is seeking a variety of unspecified damages in this civil action.

http://deadline.com/2018/01/walking-dead-lawsuit-wrongful-death-stuntman-amc-1202268057/

AMC Says "The Walking Dead" Stuntman Death “Tragic” but not Its Fault as Judge Sets Trial Start Date
by Patrick Hipes
October 10, 2019


A federal judge in Georgia ruled that the wrongful death case brought by the family of "The Walking Dead" stuntman John Bernecker against AMC will go forward to trial.

Judge Emily Brantley earlier this week denied a summary judgment motion by AMC and set the trial to start December 9 in Gwinnett County, GA. Brantley also denied the defendant’s request to exclude testimony by a stunt expert in the case.



“This was a tragic accident,” an AMC spokesperson said in a statement after Brantley’s ruling.

“While we continue to believe our motions for summary judgment were appropriate and supported by the facts in this case and the law, we respect the Court’s decision – without making any determination on the merits of either side’s arguments – to allow the case to proceed.”

https://deadline.com/2019/10/walking-dead-stuntman-death-trial-date-john-bernecker-1202757119/

Wow when I first saw this I thought that it happened again! Wonder what will happen to the show if they lose this case?

AMC Says "The Waking Dead" Stuntman "Made a Mistake" as Wrongful Death Trial Begins
by Dominic Patten
Dec. 10, 2019


“Unfortunately, the evidence will show that John Bernecker made a mistake,” AMC attorney David A. Dial said Tuesday in opening arguments for the wrongful death trial of "The Walking Dead" stuntman, who died more than two years ago after falling more than 20 feet on the Georgia set of the zombie apocalypse series.

“For reasons that no one can explain, he grasped the rail and held on,” the defense lawyer told Judge Emily Brantley and the jury in a full Gwinnett County courthouse this morning. “That purposeful action in hanging on is what took him away from the safety of the mat that he located,” Dial added, placing the blame for the fatal accident and expressing what looks already to be a key component of the cabler’s defense against the claims of Susan Bernecker and her son’s estate.

https://deadline.com/2019/12/walking-dead-stuntman-death-trial-starts-john-bernecker-amc-1202805721/

Attorney for Family of "The Walking Dead" Stuntman Suggests Damages Between $40 Million - $100 Million
by Ted Johnson
Dec. 17, 2019


Attorney Jeff Harris, representing the family of the stuntman killed on the set of "The Walking Dead" in 2017, said that the jury in a civil lawsuit against AMC Networks and other defendants should consider damages that total between $40 million and $100 million.

The stuntman, John Bernecker “was going to live 40 to 50 more years,” Harris said in the closing arguments. “What is a year of life worth? …It’s one to two million dollars per year. That is the way the law thinks you should calculate damages, and it is consistent with how we view life in our society.”

He also asked the jury to consider punitive damages.

https://deadline.com/2019/12/walking-dead-john-bernecker-stuntman-death-1202811380/

Jury Awards $8.6 Million to "The Walking Dead" Stuntman's Family in Wrongful Death Trial
by Tyler Aquilina
December 19, 2019


A Georgia jury reached a verdict in "The Walking Dead" stuntman John Bernecker’s wrongful death trial on Thursday, awarding his estate $8.6 million in civil damages. AMC Networks was found not to be liable or negligent in Bernecker’s death.

The jury did, however, find "The Walking Dead" production company Stalwart Films and various crew members who oversaw the stunt’s filming — including Bernecker himself — partially responsible.




“My sincere hope is this verdict sends a clear message regarding the need to both elevate and strictly adhere to industry safety standards every day, on every shoot, on every film set,” attorney Jeffrey Harris, who represented Bernecker’s family, said in a statement.

“John’s tragic and preventable death happened as a result of a series of safety-related failures. Learning from these failures will go a long way in making sure that similar tragedies do not happen to another performer or another family.”

https://ew.com/tv/2019/12/19/jury-awards-8-million-walking-dead-stuntman-family-wrongful-death-trial/