A lawsuit filed this month alleges that a 13-year-old boy died after being ejected from a carnival ride in Butte, Montana, due to missing safety restraints and operator negligence.
The estate of Clayton Phillips claims that Midway West Amusements, the ride operator, knew at least 10 chairs on the Yo Yo ride lacked pelvic safety belts, clips, and connectors but operated the ride anyway. Instead of repairing the equipment, the company allegedly relied on employee memory and verbal instructions to keep those chairs vacant.
Phillips was flung from his seat during the ride’s operation on [date not specified in sources], suffering injuries that led to his death two weeks later. The lawsuit states he was thrown from a substantial height, striking the ground violently. The ride, designed to swing outward and elevate passengers as rotational speed increases, is alleged to have malfunctioned due to the missing restraints.
The lawsuit names multiple defendants, including the government of Butte-Silver Bow, Midway West Amusements, the ride inspection company Shady Acres Safety Services, and its owner, Dennis Sutherland. None of the defendants responded to requests for comment. The lawsuit also cites 20 unidentified individuals or entities, including managers, ride operators, maintenance personnel, and contractors, whose roles were unspecified at the time of filing.
According to the lawsuit, a Midway West representative, Michelle Jensen, admitted to the ride’s mechanical deficiencies during an interview with law enforcement. The complaint seeks $105 million in damages from the defendants.
Background on the Ride and Safety Protocols
The Yo Yo ride is a rotational amusement ride that lifts passengers as its speed increases, swinging them outward. The missing restraints—pelvic safety belts, clips, and connectors—were alleged to be a known issue by the ride operator. The lawsuit contends that improperly trained employees placed Phillips in an unsafe chair despite the deficiencies.
Legal and Regulatory Context
The lawsuit raises questions about ride safety inspections and enforcement. Shady Acres Safety Services, the inspection company named in the suit, was responsible for assessing the ride’s condition. The Butte-Silver Bow government is also listed as a defendant, suggesting potential liability for permitting the ride’s operation with known safety issues.
Family’s Allegations and Demands
The Phillips family’s legal team argues that Midway West Amusements failed to maintain the ride properly and that employees were inadequately trained to recognize or address the hazards. The lawsuit seeks compensation for wrongful death, alleging that the company’s actions constituted gross negligence.
No Immediate Responses from Defendants
As of the filing of the lawsuit, none of the named defendants had publicly responded to the allegations. The case is ongoing, and further details about the ride’s maintenance records, inspection reports, and employee training protocols have not been disclosed in the available sources.