Sen. Brian Pettyjohn (R-Georgetown) will make another attempt to ensure Punkin Chunkin stays in Delaware.
The event was hosted for several years in Sussex County, attracting tens of thousands of people.
Punkin Chunkin was canceled in 2014, leaving its long-term future in Delaware in doubt. Issues over liability insurance and a dispute among organizers of the event appeared to be factors in the decision.
“Punkin Chunkin is a huge event for the state and Sussex County,” Pettyjohn said, “and it’s something that we’re used to seeing every autumn. For it not to happen last year was strange. Something was missing.”
Dale Wheatley, who hosted Punkin Chunkin on his Bridgeville farm from 2007 to 2013, was sued by an injured volunteer in 2013. Delaware currently does not have a liability cap, organizers and landowners simply have too much to lose in the event of an unforeseen accident, Pettyjohn said.
The event is scheduled to return Oct. 24-26 at Dover International Speedway, but there are no guarantees the event will continue.
Pettyjohn hopes his bill, which would protect special events in Delaware by placing a liability cap on certain damages, will pave the way for Punkin Chunkin to remain in Delaware. The bill had fallen victim to opposition from trial lawyers and others in the past.
Similar to Maryland law, the legislation does not limit punitive damages or economic damages such as lost wages and medical bills.
“There are several farmers that have expressed interest in hosting the event on their farm, if they’re able to have this type of protection,” Pettyjohn said.
The bill is a revised version of legislation that was never introduced in the General Assembly due mainly to opposition by the Delaware Trial Lawyers Association. The new bill includes a higher liability cap.
“I know there’s still going to be some opposition to it. But the higher limits that are attached to it might quell some of the fears of there not being enough compensation for people who may be injured in an accident,” Pettyjohn said. “But I’m hoping the Trial Lawyers Association and people who were opposed to it last time realize that we’re not going toward tort reform in Delaware. We’re trying to make it so people in our state can continue to host these events and be able to do so while protecting their assets in the event of a catastrophic accident.”
The legislation applies to all special events held annually. Other such events in Delaware include the Italian and Greek Festivals in Wilmington, the Apple-Scrapple Festival in Bridgeville, the Delaware State Fair in Harrington, the Riverwalk Festival in Milford, the Nanticoke Indian Powwow in Millsboro, and countless 4th of July and New Year’s events, a release from Pettyjohn’s office stated.
