A 13-year-old boy died last month after being thrown from a carnival ride in Butte, Montana, according to a lawsuit that alleges ride operator Midway West Amusements failed to follow safety protocols and operated the attraction with missing seats and restraints. The estate of Clayton Phillips claims that Midway West Amusements was aware that at least 10 chairs on the "Yo-Yo" ride lacked pelvic safety belts, clips, and connectors.
Instead of making repairs, the company reportedly relied on employee memory and verbal instructions to identify and keep vacant the chairs with missing safety equipment. The lawsuit asserts that despite these deficiencies, improperly trained employees placed Phillips in an unsafe chair during the carnival.
According to the legal filing, Phillips was "thrown, ejected, and/or fell from the moving Yo-Yo... fell from a substantial height and violently struck the ground and/or surrounding surface." The Yo-Yo ride is designed to swing outward and elevate passengers as its rotational speed increases. Phillips died from his injuries two weeks after the incident.
The lawsuit names the government of Butte-Silver Bow, Midway West Amusements, ride inspection company Shady Acres Safety Services, and its owner, Dennis Sutherland, as defendants. The suit also lists 20 unidentified individuals or entities, including managers, ride operators, maintenance personnel, and contractors, whose specific roles are not yet detailed.
Midway West representative Michelle Jensen reportedly admitted to the ride's mechanical deficiencies when interviewed by law enforcement following the crash, the lawsuit states.
Phillips' family is seeking unspecified damages, which include compensatory, general, special, economic, and non-economic damages. They are also seeking compensation for lost future earnings, medical expenses, and emergency costs.