Insurance company suing provider of Halloween Express inflatable pumpkin after it collapsed last year
MILWAUKEE COUNTY, Wis. (CBS 58) -- A beloved Milwaukee Halloween tradition is caught in the legal crosshairs.
When one of Halloween Express' big pumpkins deflated, it caused over $100,000 in damages which their insurance company covered. Now, their insurance company is coming back at the company that provided the inflatables, saying something wasn't right.
"The whole thing in slow motion just kind of collapsed all the way down," said Ron Harmeyer, Attorney at Ron Harmeyer Law Office LLC.
Hastings Mutual Insurance Company is suing House of Bounce and Larger Than Life Inflatables, the companies who provided the pumpkins to Halloween Express.
The 60-foot pumpkin was displayed in the parking lot outside of Steins when it collapsed under the weight of rainwater last October.
Hastings paid out over $100,000 in damages. Their complaint alleges the companies who provided them should have known better.
"If you're selling these structures nationwide, you need to take into consideration where is your customer and what is the weather in that location."
The lawsuit states the "pumpkin contained one or more design defects which created foreseeable risks which could have been avoided."
Halloween Express says they had no say in the design or the structure and trusted the companies to provide them with quality products.
"They're the experts, they're the ones who design the product. They're the ones who manufacture it. We're relying upon them to know what needs to be done. Halloween Express did not have any input whatsoever in the design or the testing or how strong it was."
CBS 58 News reached out to the other companies in this case but they refused to comment.
One of the defendants, Larger Than Life, has filed a notice of removal to move the case to federal court.
Because the case is in its preliminary stages, it could take up to a year to hear an update.