Judge rules against AMC in WalkingDead stuntman death
, alleging that the network cut corners on safety precautions. A trial is scheduled to be begin in state court in Gwinnett County, Ga., on Dec. 9.
“While his death is undoubtedly tragic, under controlling Georgia law, the affirmative defense of assumption of the risk bars Plaintiffs’ claims against each of the Defendants because Bernecker, a professional stuntman, understood and appreciated the dangers and risks associated with the high fall and voluntarily attempted the stunt without coercion,” the AMC attorneys wrote.
In a ruling on Tuesday, Judge Emily Brantley rejected AMC’s argument, saying it was “patently obvious” that a jury will have to determine whether Bernecker had sufficient knowledge of the risks to make AMC immune from liability. “There is no evidence to support a finding that the AMC Defendants owed Bernecker a legal duty of any kind,” AMC’s attorneys argued in a motion for summary judgment. “The AMC Defendants did not have any relationship, contractual or otherwise, with Bernecker. The AMC Defendants also did notIn response, the plaintiffs argued that AMC was ultimately responsible for the show.
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