BUTTE, MT — A 13-year-old boy was killed after being thrown from a Yo Yo carnival ride during a Montana fair, according to a lawsuit that says the attraction was running with missing safety restraints.
The estate of Clayton Phillips says carnival workers failed to follow basic safety procedures and placed him in a chair that was not safe to use. He died two weeks after the crash from injuries sustained in the fall.
Lawsuit says at least 10 ride chairs lacked required restraints
The complaint alleges Midway West Amusements knew that at least 10 seats on the ride did not have pelvic safety belts, clips or connectors. Instead of repairing the problem, the company allegedly depended on workers remembering which chairs had to stay empty.
The lawsuit says that system was not enough to keep riders safe and that the boy was assigned to one of the unsafe chairs anyway. It also alleges the employees involved were not properly trained.
Crash happened on a Yo Yo ride that lifts riders as it spins
The Yo Yo ride is designed to swing riders outward and higher as its rotation increases. According to the filing, Phillips was ejected or fell from the moving ride, dropped from a substantial height and struck the ground or nearby surface.
The estate says the ride was operating despite the missing restraints, turning what should have been a controlled amusement attraction into a fatal hazard. The allegations have not been resolved in court.
Butte-Silver Bow, ride company and inspector named as defendants
The lawsuit names the government of Butte-Silver Bow, Midway West Amusements, Shady Acres Safety Services and its owner, Dennis Sutherland, as defendants. It also lists 20 unidentified individuals or entities, including managers, operators, maintenance workers and contractors.
According to the complaint, a Midway West representative, Michelle Jensen, later acknowledged the ride’s mechanical problems during an interview with law enforcement after the crash. The defendants did not immediately respond to requests for comment.
Family seeks damages for death, medical costs and lost earnings
Phillips’ family is asking for unspecified damages, including compensatory, general, special, economic and non-economic losses. The filing also seeks money for future lost earnings, medical expenses and emergency costs.
Court documents say the carnival was held in Butte, and the lawsuit centers on how the ride was handled before the boy’s fatal injury. The claims remain allegations unless proven in court.
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