A lawsuit has been filed following the tragic death of a 13-year-old boy, Clayton Phillips, who was killed after being thrown from a Yo Yo carnival ride in Montana last month. The lawsuit claims that carnival workers did not adhere to safety guidelines and operated the ride despite several missing seats and restraints.
Allegations Against Ride Operators
The estate of Clayton Phillips alleges that Midway West Amusements, the ride operator, was aware that at least 10 chairs on the ride lacked essential safety features such as pelvic safety belts, clips, and connectors. Instead of conducting repairs, the company allegedly relied solely on employee memory and verbal instructions to leave those deficient chairs empty.
The lawsuit also names Shady Acres Safety Services, a ride inspection company, and its owner, Dennis Sutherland, along with the government of Butte-Silver Bow, among the defendants. They did not respond to requests for comment from Fox News Digital.
Incident Details
According to the lawsuit, the tragic incident occurred during a carnival in Butte, Montana, where improperly trained employees allowed Phillips to sit in a chair lacking safety restraints. Clayton Phillips was ejected from the moving Yo Yo ride, resulting in him falling from a significant height and hitting the ground or surrounding surfaces. He succumbed to his injuries two weeks later.
The Yo Yo ride is designed to swing riders outward and elevate them as it spins. Unfortunately, Phillips was thrown from his seat due to these mechanical deficiencies, leading to fatal injuries.
Seeking Damages
Clayton Phillips’ family is pursuing unspecified damages. They seek compensation for all compensatory, general, special, economic, and non-economic damages. Additionally, they are requesting compensation for lost future earnings, medical expenses, and emergency costs.
The lawsuit also calls attention to comments made by Midway West representative Michelle Jensen, who reportedly acknowledged the ride’s mechanical issues during a law enforcement interview. As the case unfolds, the lawsuit raises serious questions about the safety protocols followed in this tragic incident.