Dollywood, HUSS settle lawsuit over Timber Tower
KINGSPORT — The Dollywood Co. and a German maker of amusement park rides have settled a $500,000 federal lawsuit filed over the Timber Tower attraction — a ride Dollywood claimed suffered from numerous mechanical failures and never worked properly over its six-year history at the park.
Dollywood filed the lawsuit in Sevier County Circuit Court in September 2011 naming HUSS Park Attractions and HUSS Parts & Service as the defendants.
Dollywood claimed 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, and later that month HUSS filed a motion to dismiss the complaint.
Earlier this month, the two companies announced to the court a settlement had been reached and all issues had been resolved without an admission of liability by either side.
“We came to a mutual agreement. We’re wishing each other well and both going on about our business,” said Pete Owens, media and public relations manager for Dollywood.
The terms of the settlement are sealed and will remain confidential, a press release from Dollywood stated.
Owens said the Timber Tower ride would be dismantled and removed from the park before the 2012 season, which begins March 24.
“We’re taking a look at what might go there at this point, but there have been no decisions made,” Owens said.
Depending on the type of ride, a replacement for Timber Tower could take Dollywood one to three years to fully implement. Owens noted the Barnstormer ride (which opened in 2011) took 12 to 18 months to come online, the new Wild Eagle ride (opening this year) took a couple of years, while the Mystery Mine took almost three years.
“At this point we’re just taking a look at some options,” he said.
According to the lawsuit, Dollywood purchased the Timber Tower ride from HUSS Maschinenfabrik in June 2005, and the German maker had the ride installed by March 2006. Dollywood spent more than $4.7 million on the project.
Beginning in May 2006, Dollywood claimed it experienced substantial mechanical and electronic difficulties with Timber Tower, difficulties that continued through the 2011 season. In June 2007, 38 guests of Dollywood became stranded on the ride for several hours.
Dollywood entered into two agreements with HPA and HPS in 2007 and 2008 for the completion and rebuilding of the Timber Tower ride, but at the time of the filing the ride did not operate properly and Owens said it was down all last year.
According to the motion to dismiss, HPA and HPS argued the companies were not liable for the claims because they were not successors to the original company that entered into a contract with Dollywood.
HUSS Maschinenfabrik filed for insolvency in October 2006, and HPA and HPS began to market, sell and service products of the former company.
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