A lawsuit filed against AMC for the accidental death of stuntman John Bernecker on the set of The Walking Dead will be allowed to proceed as ruled by a Georgia judge this week.

Bernecker's family filed a lawsuit against the cable network behind the popular Image Comics adaptation in January 2018 alleging that it had failed to take proper safety precautions to prevent Bernecker's death on set in 2017. This past August, AMC filed a motion alleging that, under Georgia law where the series is primarily filmed, Bernecker had directed placement of safety pads himself to cushion his fall, assuming responsibility for the stunt going wrong. Bernecker missed the pads filming a planned fall, landing on his head and dying at the hospital the same day as the accident.

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Georgia Judge Emily Brantley rejected AMC's motion, noting it was "patently obvious" that the network could potentially be held liable for the death, moving the lawsuit be reviewed by a jury this December. Brantley also rejected AMC's motion to block veteran stuntman Conrad Palmisano from testifying on the plaintiffs' behalf.

Both parties have agreed to cap punitive damages over the death to $250,000 under Georgia law, recognizing there was no specific intent to cause deliberate harm.

The Walking Dead stars Norman Reedus, Danai Gurira, Melissa McBride, Josh McDermitt, Christian Serratos, Jeffrey Dean Morgan, Seth Gilliam, Ross Marquand, Khary Payton, Cooper Andrews, Avi Nash, Samantha Morton. The series airs Sundays at 9 p.m. ET/PT on AMC.

(via Variety)

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