Punkin Chunkin lawsuit dismissed before trial
A civil lawsuit that nearly sidelined one of the most popular events in southern Delaware has been resolved before its scheduled Nov. 16 trial date.
The 2013 suit filed by volunteer Daniel Fair of Lewes against the World Championship Punkin Chunkin Association and Wheatley Farms Inc. was dismissed with prejudice on June 26 with the consent of all parties, meaning Fair cannot later file another suit for the same complaint.
In the suit, Fair alleged that the association and landowner were liable for a serious spinal injury he suffered when the ATV he was driving as a spotter overturned on him.
He sought in excess of $4 million in damages setting off a chain reaction that eventually led to the event vacating the Wheatley farm, missing its 2014 chunk date and moving to the grounds of Dover Intentional Speedway in Dover after nearly 30 years in Sussex County.
On May 29, the Punkin Chunkin Association and Wheatley Farms filed a brief seeking dismissal of the suit and questioned Fair's account of his accident.
The brief noted Fair said a depression or an elevated path in the field had caused his crash. The brief contends that Fair and many other volunteers rode over the area more than 150 times between 2007 and 2011 with no problems. The crash took place during the 2011 event.
“In short, the Punkin Chunkin event is outdoor recreation; and plaintiff misses the point that he entered the premises not only to support this recreational activity as a volunteer but also to engage in recreation in his own right,” according to the brief filed by attorney Louis Rizzo in New Castle County Superior Court.
Wheatley Farms severed its ties with the event, prompting some organizers to call for changes in liability laws. After signing an agreement with Dover International Speedway officials to host Punkin Chunkin, organizers canceled the 2014 event due to time constraints.
This year's Punkin Chunkin is scheduled for Saturday, Nov. 7, and Sunday, Nov. 8, in The Woodlands at Dover International Speedway.
