Montana Carnival Ride Operator Sued After 13-Year-Old Killed in Yo Yo Malfunction

Clayton Phillips, 13, died after being ejected from a Yo Yo carnival ride during an event in Butte, Montana, according to a wrongful death lawsuit filed against multiple parties. The suit contends that ride operator Midway West Amusements operated the equipment despite knowing that at least 10 seats lacked functional pelvic safety belts, clips and connectors. Phillips succumbed to his injuries approximately two weeks following the incident.

The lawsuit alleges that instead of repairing the defective seating, Midway West Amusements relied on verbal instructions and worker recollection to keep unsafe chairs empty. Inadequately trained carnival staff nonetheless placed Phillips in a compromised seat, the complaint states. The Yo Yo ride, which rotates and swings seats outward as speed increases, propelled the boy from his chair from a significant height, causing fatal injuries.

The estate named the government of Butte-Silver Bow, Midway West Amusements, inspection firm Shady Acres Safety Services and its owner Dennis Sutherland as defendants. The complaint also lists 20 unnamed individuals and entities, including managers, operators, maintenance staff and contractors. Midway West representative Michelle Jensen acknowledged the mechanical problems when questioned by law enforcement following the accident, according to court documents.

Phillips’ family is pursuing unspecified damages encompassing compensatory, general, special, economic and non-economic losses, along with recovery for lost future earnings, medical expenses and emergency costs. None of the defendants immediately provided comment to media inquiries regarding the allegations.