Lawsuit Filed After Fatal Carnival Ride Accident in Montana

A tragic incident involving a carnival ride in Montana has led to legal action after a 13-year-old boy was killed. The lawsuit claims that safety protocols were neglected by carnival workers, who operated the ride despite missing safety features.

The Incident

Clayton Phillips, 13, died last month after being thrown from a Yo Yo carnival ride. The lawsuit alleges that the ride operator, Midway West Amusements, was aware of at least ten chairs without pelvic safety belts, clips, and connectors.

Instead of repairing the deficiencies, the company depended on employees’ memories and verbal instructions to keep these chairs unoccupied, according to the lawsuit.

Lawsuit Allegations

The family of Clayton Phillips claims that he was placed in an unsafe chair by improperly trained employees during a carnival in Butte. As the ride swung and elevated, Phillips was ejected, falling from a significant height and suffering fatal injuries two weeks later.

The Yo Yo ride, designed to swing outward at increasing speeds, failed to keep Phillips safely seated, as stated in the lawsuit.

Defendants and Damages Sought

The lawsuit names several defendants, including Butte-Silver Bow’s government, Midway West Amusements, Shady Acres Safety Services, and its owner, Dennis Sutherland. Additionally, it mentions 20 unidentified individuals or entities linked to the operation and maintenance of the ride.

Michelle Jensen, a representative from Midway West, reportedly acknowledged the ride’s mechanical issues during a law enforcement interview following the accident. The carnival was held in Butte, Montana, as per court documents.

Phillips’ family seeks unspecified damages covering compensatory, general, special, economic, and non-economic aspects, along with compensation for lost future earnings and medical expenses.