AMC Network appeals $8.6 MILLION awarded to The Walking Dead stuntman's family after he died falling from 21-foot balcony, claiming there never should have been a civil suit
Lawyers representing AMC claim John Bernecker was an employee and not an independent contractor
AMC Networks has appealed an $8.6million payout to the family of a The Walking Dead stuntman who was awarded the sum after a jury determined that the defendants were liable for his 2017 death.
A three-judge panel at the Thirds Division of the Georgia Court of Appeals heard arguments on Thursday from lawyers representing the family of John Bernecker and the defendants - AMC's corporate wing, TWD 8, and their production company, Stalwart Films.
The 33-year-old had missed a safety pad by eight feet as he fell from a height of 21-feet in 2017, and the prosecution argued he may have been 'spooked' after season eight actor Austin Amelio caused him to grab onto the rail, which was not planned, after touching him.
The AMC network was not found to be negligent.
The defendants argued that Bernecker should have been considered an employee and not an independent contractor, Variety reports. Doing so would mean that the stuntman's parents would need to go through Georgia's workers' compensation system and not a civil judgement.
'Clearly Mr. Bernecker assumed the risk of his injuries,' argued David Dial. 'He's trained in fact to the assume the risk, and he assumed the risk.'
The 33-year-old had missed the safety pad by eight feet as he fell in 2017, and the prosecution argued he may have been 'spooked' after season eight actor Austin Amelio caused him to grab onto the rail, which was not planned, after touching him
Austin Amelio has denied having any contact with Bernecker
Dial contended that Bernecker's contract referred to him as an 'employee' on numerous occasions, arguing that the lower court should have used that classification when settling the issue.
But Jeff Harris, representing Bernecker's parents, stressed the importance of not second-guessing the jury, who ruled that the stuntman was an independent contractor.
Harris highlighted that Bernecker received a 1099 tax form, was paid by a loan-out company, was admitted on the set as a 'visitor,' and that he routinely worked for various productions on a day-by-day basis.
'All of that screams "independent contractor,"' Harris said.
The lawyers claim the stuntman's family should have gone through Georgia's workers' compensation system and not a civil judgement
Harris also asked if Bernecker even signed a contract, noting he was in the coma when the contract was dated.
'It was admittedly a complicated, convoluted factual mess that the jury had to sort out,' Harris argued. 'The jury concluded he was an independent contractor.'
John Bernecker's family, including parents Susan and Hagen, sued production company Stalwart Films and the AMC network in January 2018, accusing them of skimping on safety measures due to financial and scheduling concerns.
The Bernecker's had sought damages for the full value of John's life, including whether he would have got married and had children, which Mr Harris claimed amounted to $10million.
Austin Amelio has denied having any contact with Bernecker but Harris speculated during the trial that it may have been with a prop gun, Deadline reported.