Defendant asks court to dismiss Dollywood Timber Tower lawsuit
PIGEON FORGE — A German maker of amusement park rides is seeking a dismissal of a $500,000 lawsuit filed by the Dollywood Co. over one of its newest attractions, Timber Tower, which Dollywood claims has suffered from numerous mechanical failures and has never worked properly since being built nearly six years ago.
Dollywood filed the lawsuit in Sevier County Circuit Court in September 2011 naming HUSS Park Attractions and HUSS Parts & Service as the defendants. Dollywood is claiming breach of contract and warranty, negligence and misrepresentation over the installation and performance of the Timber Tower ride.
The lawsuit was transferred to U.S. District Court in Knoxville in December, while the motion to dismiss was filed on Dec. 29.
According to the lawsuit, Dollywood purchased the Timber Tower from HUSS Maschinenfabrik in June 2005 for $2.2 million and paid nearly $2.5 million for site preparation and the installation of the ride, along with $13,000 for the top decoration of the ride. HUSS finished Timber Tower in March 2006.
However, beginning in May 2006, Dollywood claims it experienced substantial difficultly with Timber Tower, difficulties that would continue through the 2011 season. Soon after completion, Timber Tower suffered from the guide wheels locking up, the control panel view not communicating, problems with the electrical connections and the air compressor failing.
Dollywood entered into a new contract with HPA and HPS in January 2007 for the completion of Timber Tower. However, a few months later Dollywood had to perform additional repairs to Timber Tower, and in June 2007 the company states that 38 guests of the park became stranded on the ride for several hours.
Over the past four years, Dollywood claims it has had to close the ride numerous times for mechanical failures with hydraulic and circulation pumps being replaced, repairs to the speed swing drive, a broken position sensor and gondola not turning.
In 2008 alone, Dollywood had to close down Timber Tower for 627 hours due to problems.
The lawsuit states Dollywood entered into another agreement (rebuilding contract) with HPA and HPS in September 2008 to fix the Timber Tower, but to this day, Dollywood says the ride does not operate properly.
Dollywood claims Timber Tower has not met performance standards and has had to be closed due to persistent problems, causing the company to sustain a substantial amount of financial injury, including repair costs and loss of profits.
According to the motion to dismiss, HPA and HPS argue the companies are not liable for the claims because they are not successors to the original company that entered into a contract with Dollywood.
Court records state the original contract for the Timber Tower was between Dollywood and HUSS Maschinenfabrik in June 2005, which included a one-year limited warranty on the structure and operation of the ride. However, HUSS Maschinenfabrik filed for insolvency in October 2006, and HPA and HPS began to market, sell and service products of the former company.
“Nowhere does Dollywood claim that HPA or HPS were successor corporations to, or assumed any obligation for, HUSS Maschinenfabrik,” the motion to dismiss states.
HPA and HPS argue that under Tennessee law, when a corporation purchases the assets of another corporation, the purchaser is not automatically liable for the obligations of the seller. HPA and HPS further argue the claim of breach of warranty is based on the June 2005 agreement and thus should be dismissed, and that the claim of negligence is too vague to respond to.
A trial date has not been scheduled.
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