A Montana mother has filed a lawsuit seeking damages after her 13-year-old son died when he was thrown from a fairground ride. Clayton Phillips died from his injuries two weeks after being ejected from the Yo-Yo swing ride at high speed during a carnival in Butte in June.
The lawsuit, filed by his mother Ashley Hossack, names Butte-Silver Bow, carnival operator Midway West Amusements, Shady Acres Safety Services and its owner Dennis Sutherland as defendants. It also seeks punitive damages from up to 20 individuals or entities allegedly responsible for the ride's inspection, maintenance, assembly, supervision, management, loading, or operation.
According to the legal filing, at least 10 of the Yo-Yo ride's chairs were defective and had missing restraints that were "visible and readily discoverable." The suit states that Midway West owner Michelle Jensen admitted to law enforcement after the incident that replacement parts for the faulty chairs had been ordered. Jensen also reportedly stated that the only precaution taken was verbal instructions to riders not to use the defective seats.
The lawsuit further alleges that Butte-Silver Bow, which received a portion of the carnival's revenue, failed to implement "reasonable procedures to verify the safety of the Yo-Yo" ride. The suit claims the county did not require Midway West to provide an inventory of each ride and had a duty of care in the "ownership, management, supervision, and control of its premises," including the authority to reasonably inspect the carnival grounds and ride loading areas.
The ride had reportedly been inspected twice in the month prior to the fatal incident, with Sutherland allegedly signing off on these inspections. The lawsuit also references the carnival's permit, which required Midway West to carry $1 million in public liability insurance per occurrence and an additional $1.5 million for bodily injury and property damage.
The exact amount of damages sought is not specified but is expected to cover all compensatory, general, special, economic, and non-economic damages recoverable by the estate. This includes the victim's suffering, lost earnings, funeral expenses, and costs associated with emergency and medical responses.
Clayton Phillips, an eighth-grade graduate of Butte Central Elementary and Junior High School, was also involved in the Orphan Girl Theater for six years. His obituary noted his interests included Legos, music, YouTube, Harry Potter, reading, traveling, and playing Minecraft.
Butte-Silver Bow has three weeks to formally respond to the lawsuit, which was filed on August 7. A previous investigation by County Attorney Matt Enrooth found no criminal culpability in the incident.