A New Jersey company's lawsuit against Wild River Country over three missed payments has led the water park to complain that a 50-ton snow-making machine it leased from the company didn't work.
SnowMagic Inc. originally filed suit against Wild River Country and its parent company, AquaPark Holdings, in January, seeking to collect three payments totaling $105,000 that it said the water park in North Little Rock had failed to pay, breaching a rental agreement.
The case was originally filed in state court in Palm Beach County, Fla., where AquaPark's owner lives, then was moved to federal court in Florida on Feb. 19, and finally to federal court in Little Rock on April 15.
On May 14, AquaPark lodged a counterclaim complaining that SnowMagic's president promised in 2013 that its snow-making equipment, "unlike the equipment and machinery of its competitors, could make and maintain snow in 70 degree temperatures, even in direct sunlight."
But once in operation several months later, the counterclaim alleges, "it was discovered that, although the snow-making equipment ... would make snow in 70-degree temperatures, the snow could not be maintained even in 45 degree weather if there was any sun," resulting in a product that was "slushy at best" and that "did not produce an eventful snow tubing experience."
The water park's attorney, David Grace of North Little Rock, wrote that Wild River Country had by that time begun an expensive advertising campaign about the snow park, based on SnowMagic President Albert Bronander's promises in May 2013 that the geography surrounding the water park, and the park's electrical capacity, "was ideal" for the snow park.
Grace alleged that false promises made by SnowMagic led to customer complaints at Wild River Country, "prompting numerous refunds and price concessions." He added that "as word of the disappointing attraction spread, attendance at the snow park diminished dramatically."
Wild River Country is now seeking both compensatory and punitive damages to recoup the "substantial additional costs and expenses," and for suffering "catastrophic damages, both financially and to its reputation," the counterclaim said.
In an answer to the counterclaim filed Friday, local attorneys for SnowMagic denied that Bronander made any false representations.
The case is pending before U.S. District Judge Leon Holmes.
Metro on 06/10/2014