Lawsuit Filed Over Fatal Carnival Ride Incident
A tragic incident occurred last month when a 13-year-old boy, Clayton Phillips, lost his life after being ejected from a Yo Yo carnival ride in Montana. A lawsuit has been filed, claiming the carnival workers neglected safety protocols and operated the ride despite it having numerous seats and restraints missing.
The lawsuit, filed by the estate of Clayton Phillips, points to Midway West Amusements as being aware of the deficiencies. It asserts that at least 10 chairs lacked necessary safety belts, clips, and connectors. Instead of fixing these issues, the company relied on memory and verbal instructions to ensure these chairs remained unused, according to the lawsuit.
The family of Clayton Phillips claims that untrained employees put him in a faulty chair during the Butte carnival, leading to his tragic fall. The lawsuit describes how Phillips was thrown from the moving Yo Yo ride from a significant height, resulting in severe injuries. He succumbed to these injuries two weeks after the incident.
The Yo Yo ride swings passengers outward and elevates them as it gains speed. However, in this instance, the ride failed to keep Phillips safely contained, leading to the devastating outcome. The family seeks $105 million in damages from New York City following the fatal incident.
The lawsuit aims to hold the responsible parties accountable, naming several defendants including the government of Butte-Silver Bow, Midway West Amusements, and the ride inspection company Shady Acres Safety Services along with its owner, Dennis Sutherland.
The lawsuit also mentions 20 unknown persons or entities, from managers to maintenance personnel, whose exact roles remain unidentified.
According to reports, Michelle Jensen, a representative from Midway West, acknowledged the ride’s mechanical issues during a conversation with law enforcement after the incident. The carnival took place in Butte, Montana as per court documents.
The Phillips family is pursuing unspecified damages, covering compensatory, general, special, economic, and non-economic losses. They are also seeking compensation for potential future earnings, medical expenses, and emergency response costs.