The defense had filed motions for directed verdict on the issue twice during trial, arguing among other things that the deceased, John Bernecker, was an employee of Stalwart and thus covered under the WCA.

Gwinnett County State Court Judge Emily Brantley denied them, ruling that Bernecker's employment status was a question for the jury, which specifically ruled that he was an independent contractor.

But, wrote Doyle, the "undisputed evidence that Stalwart controlled the time, method, and manner of Bernecker's work" made clear that he was an employee of the company.

The defendants are represented by Weinberg Wheeler Hudgins Gunn & Dial partners David Dial, Jackson "Jad" Dial, Y. Kevin Williams and Joshua Wood. Jad Dial said they did not have permission to discuss the case.

A lawyer for Bernecker's parents, who filed the suit, said they strongly disagreed with the decision and would challenge it.

"We are obviously very disappointed in the ruling," said Harris Lowry Manton partner Jeff Harris via email.

"The issue of Mr. Bernecker's employment status was a hotly disputed factual issue that was submitted to the jury via a special interrogatory," he said. "Ultimately after considering the voluminous evidence on the issue, the jury correctly concluded that Mr. Bernecker was an independent contractor. Therefore, the Court's conclusion that the evidence was 'undisputed' in favor of Mr. Bernecker's status as an employee is very surprising, especially when viewed under an 'any evidence' standard."

"Because we believe the ruling was in error we will seek reconsideration or [certiorari] to the Georgia Supreme Court," said Harris, whose team includes firm partner Yvonne Godfrey, Pete Law and Brian Kaplan of Law & Moran, Rebecca Harris of Franklin Law in Savannah and Gerald Davidson Jr. of Mahaffey Pickens Tucker in Lawrenceville.

As detailed in the opinion and other filings, the accident happened during filming of an episode on "The Walking Dead" set in Senoia.

Bernecker's character was on a balcony about 22 feet high and was supposed to pretend to be thrown over the rail to a "catcher system" below.

After the accident, reconstructionists concluded that another actor on the balcony had accidentally touched Bernecker causing him to grab the rail, "resulting in a pendulum swing propelling him to land head first past the catcher system onto the unprotected area of concrete," the opinion said.

Bernecker subsequently died at WellStar Atlanta Medical Center.

Following a two-week trial the jury cleared AMC and the actor who allegedly touched Bernecker of liability, but awarded $8.6 million against the other defendants, including Stalwart; program-related production company TWD8 and a producer, stunt coordinator and production manager.

Bernecker was deemed 6% responsible for his own injuries, and Brantley entered a judgment of $8,084,000.

On appeal, the defendants argued that the evidence showed Bernecker was a Stalwart employee and that, even if he were an independent contractor, Stalwart was his "statutory employer."

The other defendants "owed no legal duty" to the deceased, the defense argued.

In her March 11 opinion, Doyle said the "undisputed evidence presented at trial established that Bernecker was an employee of Stalwart when he performed the stunt on the day in question."

"In this case, although Bernecker could request minor changes to assist him in performing the stunt … ultimately Stalwart retained the right to control the time, manner, and method of the work Bernecker performed," said Doyle, quoting applicable Georgia law.

The plaintiffs' arguments that Stalwart had issued Bernecker an Internal Revenue Service 1099 form and did not withhold taxes "does not create a jury question on [Bernecker's] status as an employee," she said.

"Accordingly, the trial court erred by denying the motion for directed verdict on the basis that the WCA barred the plaintiffs' claims against Stalwart," Doyle wrote.

Based on that ruling, she said, Brantley also erred by failing to grant a directed verdict to the other defendants.