A 13-year-old boy died after falling from a carnival ride with missing seat restraints, according to a lawsuit filed by his estate. Clayton Phillips was fatally injured when he was ejected from a "Yo-Yo" ride at full speed on June 7 in Butte, Montana.
The lawsuit alleges that multiple seats on the ride had visible and readily discoverable deficiencies, including missing restraint components. Despite these issues, improperly trained carnival workers allegedly allowed Clayton to sit in a chair without proper restraints, or the restraint system failed.
Clayton's estate is seeking damages from the city-county government of Butte-Silver Bow, the ride operator Midway West Amusements, the ride inspection company Shady Acres Safety Services, its owner Dennis Sutherland, and other unidentified parties.
According to the lawsuit, the owner of Midway West Amusements claimed that operators were instructed not to use the broken seats. She allegedly admitted problems with the ride to the police and stated that replacement parts had been ordered.
Shady Acres Safety Services allegedly inspected the ride at least twice in the month preceding the incident. The owner, Dennis Sutherland, signed off on these inspections, which reportedly concluded that there were no serious issues.
The lawsuit also asserts that the government of Butte-Silver Bow was responsible for the premises and had the authority to reasonably inspect the carnival and ride loading areas.
The family is seeking compensatory damages, including costs for suffering, lost earnings, funeral expenses, and emergency response, among other recoverable damages.