Sponsored

By Maryland Wrongful Death Attorney Glenn Ivey with Price Benowitz LLP.

On July 12, 2017, John Bernecker was working as a stuntman on the set of AMC’s The Walking Dead when he fell 20 feet onto a concrete floor and sustained a serious head injury.

After he was rushed to an Atlanta hospital his family decided to take him off life support on July 16 after seeing no hope for a recovery. He succumbed to his injuries and died shortly after. He was 33 at the time of his death.

In January of 2018, his mother, Susan Bernecker filed a wrongful death lawsuit against AMC and the production company Stalwart Films. A number of others were also named in the suit including directors, executive producers, production managers, and stunt managers involved with the episode John Bernecker was filming when he died.

In the lawsuit Bernecker states that her son’s death was due to the fact that the network took shortcuts during production in order to keep the costs low. These shortcuts she states, directly and negatively affected her son, as one of the areas cut in the budget pertained to the stunts being performed on the set.

One of the shortcuts taken, according to Bernecker, was that there were not spotters around a padded area John was supposed to land on after another actor pushed him over a railing. The actor was directed not to touch John so he could land on a padded area. The actor did touch John though and the trajectory of his fall changed, forcing him to land on an area that was not protected with a padded mat. Had there been spotters, argues Bernecker, the mat could have been moved and her son’s life could have been saved.

The lawsuit was filed in Gwinnett County State Court in Georgia. In a statement Bernecker said that she filed the lawsuit because she was looking for justice for her son. While AMC has issued a statement indicating the loss they and audiences will feel in the wake of John’s death, they have not commented on the lawsuit.

“Being a stuntman can be a dangerous job,” says Glenn Ivey of Price Benowitz LLP. “But that does not mean that anyone should lose their life over it. If the lawsuit is successful, Susan Bernecker will not only receive compensation. She may change the way studios and television networks operate going forward.”

By Immigration Attorney Natalia Segermeister of The Visa Firm of Price Benowitz LLP.

Early in June, Attorney General Jeff Sessions made a decision on a case of an asylum seeker that broke U.S. precedent and violated international law.

The case Sessions ordered an immigration judge to deny was called Matter of A-B-, and it overruled a previous decision on a case called Matter of A-R-C-G-.

In the Matter of A-B- case, a woman from Guatemala was seeking asylum from the husband who had raped, beaten and burned her throughout the course of their marriage. After finding herself unable to leave him in Guatemala, she hoped seeking asylum in the United States would provide the protection she needed.

In the past, victims of domestic violence could apply for asylum in the U.S. if their own governments failed to protect them. In many cases, they were granted that asylum. But this landmark decision has overruled not just one case, but thousands that find themselves in the same unfortunate situation.

Due to the fact that precedent was broken and that Sessions no longer allows those left unprotected from entering the United States, it has been said that he is in violation of international law.

“Our immigration system unfortunately gives the Attorney General unilateral power in these cases,” says Asylum Lawyer Natalia Segermeister of the Visa Firm of Price Benowitz LLP. “It is a very serious matter that could deny help to those that need it the most.”

In addition to overruling the case, Sessions has also stated that asylum seekers are not leaving their countries because they face persecution, but simply because the immigration laws in the United States are so relaxed. That has never been true, and such assertions are justification for ignoring protections enshrined in international treaties and adopted in U.S. immigration laws.

After the decision was made, Sessions stated that one decision did not mean that those facing persecution from gang and domestic violence would never be able to seek asylum within the United States.

For the time being however, it seems clear that this latest ruling will affect tens of thousands asylum claims made by people trying to flee violent situations in which their home country is unwilling or unable to protect them.

By Richmond Criminal Defense Lawyer Karin Riley Porter with Price Benowitz LLP.

Traffic safety advocates in Virginia successfully persuaded a House subcommittee to strike down a Senate bill that would have allowed people to drive drunk on their own private property.

The bill, which was introduced earlier in 2018, was struck down by the panel back in March. The bill was created by Senator Richard Stuart, a Republican from King George County.

Stuart’s goal for the legislation was to protect people who might be accused of driving under the influence of alcohol if they happened to move a vehicle on their private property and a police officer drove by and initiated a traffic stop. Stuart cited a man who was accused of drunk driving while sitting behind the wheel of his vehicle listening to music in his driveway.

The bill, known as SB 308, was originally defeated by the Senate Courts of Justice Committee. It was placed back on the floor for consideration by Republican Senator Mark Peake of Lynchburg in February. The bill passed the Senate by a vote of 37-3.

“Facing a DUI charge in Virginia can be terrifying,” Karin Riley Porter, a Virginia DUI defense attorney, said. “You might not know what to expect moving forward as you try to fight your case.”

Once the bill moved to the Virginia House it was put in front of a subcommittee there, also called the House Courts of Justice Committee. Members of the committee heard from various advocates against drunk driving once the bill reached the Virginia House.

A Republican representative from Frederick, Christopher Collins, recommended that the bill be passed over indefinitely, which would mean it would have been killed for the legislative session. The subcommittee voted 7-0 to kill the legislation in the Virginia House.

“I think it’s good news,” Kurt Erickson told WTVR. Erickson is the CEO and president of a nonprofit group known as the Washington Regional Alcohol Program. “Its passage would have otherwise been a dangerous precedent to communicate that in Virginia, it is OK to drive drunk here but not there.”

With the subcommittee voting by a 7-0 count to kill the legislation it means that the entire Virginia House will not have the opportunity to vote. Stuart was not present for the vote held by the subcommittee.