A local state senator is taking action that he hopes will bring back Sussex County's biggest, most famous event.

Sen. Brian Pettyjohn, R-Georgetown, will introduce legislation that would protect special events in Delaware by placing a liability cap on certain damages, and pave the way for World Championship Punkin Chunkin to remain in Delaware and possibly return to its home in Sussex County.

After nearly 30 years of attracting tens of thousands of visitors every fall, Punkin Chunkin was canceled in 2014, leaving its long-term future in Delaware in doubt. After a one-year hiatus, the event is scheduled to return Nov. 6-8, 2015, at Dover International Speedway, but there are no guarantees after that, Pettyjohnn said.



Unique event is

looking for a home



The World Championship Punkin Chunkin is still looking for a home. The following is posted on its website: “The WCPCA is always looking for a property – or properties – that are capable of hosting our event. Minimal dimensions for the ideal property are around 600 acres, with a clear mile in at least one direction. If you own property that big – or bigger – and are interested in potentially becoming a host venue for Punkin Chunkin, please let us know what terms you’d consider.” Those interested are urged to contact the association using their website at punkinchunkin.com.



“Punkin Chunkin is a huge event for the state and Sussex County, and it’s something that we’re used to seeing every autumn,” Pettyjohn said. “For it not to happen last year was strange. Something was missing.”

The bill is a revised version of legislation that was proposed last year but was never introduced in the General Assembly, mainly, Pettyjohn said, as result of opposition by the Delaware Trial Lawyers Association. The new bill includes a higher liability cap, which was the main concern expressed by the lawyers association.

Pettyjohn said he realizes there is still going to be some opposition to the legislation, but he thinks the higher liability limits might be enough to quell fears that people injured in an accident would not be adequately compensated.

“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,” Pettyjohn said.

The legislation would place a liability cap on noneconomic damages awarded for personal injury or wrongful death at special events. Similar to Maryland law, it does not limit punitive damages or economic damages like lost wages and medical bills.

There would also be no limitation where gross negligence or intentional actions cause the damages. The cap on noneconomic damages would begin at $1 million and would increase each calendar year by 1.5 percent. The bill would allow for multiple claimants under a wrongful death action lawsuit to be awarded up to a total of 250 percent of that cap.

“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.

Bill would offer farmers liability protection

When Dale Wheatley, who hosted Punkin Chunkin on his Bridgeville farm from 2007 to 2013, was sued by an injured volunteer in 2013, it sparked fear that the event would leave the state, Pettyjohn said. Because Delaware has no liability cap, organizers and landowners simply have too much to lose in the event of an unforeseen accident, Pettyjohn said.

When Wheatley informed the World Championship Punkin Chunkin Association board of directors that he would no longer host the event, they started a search that ultimately ended in moving the event from Sussex County to the grounds of Dover International Speedway. Just as ticket sales got into high gear last summer, officials announced they could not pull off the logistics required to put on the event in 2014 and canceled the event to the fall of 2015.

Pettyjohnn said the legislation applies to all special events. It defines special events as being hosted by nonprofit organizations not more than once per calendar year and open to the general public. Other such events in Delaware include the Italian and Greek Festivals in Wilmington, Apple-Scrapple Festival in Bridgeville, Nanticoke Riverfest in Seaford, Delaware State Fair in Harrington, Riverwalk Festival in Milford, Nanticoke Indian Powwow in Millsboro, and 4th of July and New Year’s events.