A Georgia jury has ordered two film companies to pay $8.1 million to the parents of a stuntman who was killed on camera in a personal injury lawsuit.

The jury’s verdict came after a week of testimony and two days of deliberation. It was determined that TWD Productions VII LLC and Stalwart Films LLC, along with the unit producer and the assistant director on the set had been negligent in their failure to anticipate the complications and errors that led to the death of 33-year-old stuntman John Bernecker.

The Accident

Bernecker was a seasoned professional, accumulating over 90 stunt credits in less than 10 years. He was also a stunt coordinator, charged with the tasks of designing and preparing stunts and ensuring the safety of other stunt performers on the set. His responsibilities also included inspecting the stunt designs and calling for modifications when necessary.

The incident that lead to Bernecker’s death occurred on July 12, 2017, during a filmed rehearsal of a scene from the production of The Walking Dead. The stunt reportedly called for Bernecker to perform a head-first fall of over 20 feet from a balcony.

When he performed the stunt during a rehearsal, he missed the safety cushion by only a few inches, hitting his head on the concrete floor. He was then taken to Atlanta Medical Center, where he died from his injuries the next day.

According to Deadline, Bernecker’s was the first stunt-related death in the U.S. since 2000.

The Investigation

Before Bernecker’s parents filed their personal injury lawsuit, the Occupational Safety and Health Administration and the Screen Actor’s Guild began an investigation into the accident. They were assisted by the local sheriff’s office. The first officer on the scene, Deputy Sherriff J.P. Traylor, told The Hollywood Reporter that Bernecker had failed to “get good separation from the balcony” and had attempted to abort the stunt by grabbing the railing with both hands – to no avail.

A number of questions were raised, including why:

• most crewmembers who had witnessed the accident were told to leave the set
• Bernecker was on the balcony with a novice
• it was 30 minutes before Bernecker was taken to the hospital

The Bernecker’s Personal Injury Lawsuit

Initially, attorneys for the defense claimed that Bernecker was an actual employee of Stalwart Films and that his family should thus seek compensation through the Georgia worker’s compensation program. The jury determined that he was an independent contractor, allowing his parents’ personal injury lawsuit to proceed.

After hearing all the evidence, the jury assigned liability for young Bernecker’s death as follows:

• Stalwart Films, 40 percent
• TWD Productions VIII, 25 percent
• 1^st AD Jeff January, 10 percent
• Stunt Coordinator Monty Simmons, 4 percent

The jury also determined that Bernecke was also partially responsible for his own death, assigning his liability at 6 percent. Because of this, the original award to Bernecker’s parents of $8.5 million was reduced by that amount.