13-Year-Old Ejected From Faulty Ride and Killed: Lawsuit - Internewscast Journal
13-Year-Old Ejected From Faulty Ride and Killed: Lawsuit

A Montana mother is suing after her 13-year-old son died from injuries she says he suffered when he was thrown from a defective fairground ride.

Clayton Phillips was attending a carnival in Butte in June when he was ejected at high speed from his seat on the Yo-Yo swing ride, according to the lawsuit.

The teenager was first taken to a hospital in Butte before being airlifted to a medical facility in Kalispell with severe injuries. He died there two weeks after the incident.

The civil complaint, filed by Clayton’s mother, Ashley Hossack, seeks damages from Butte-Silver Bow, Midway West Amusements, Shady Acres Safety Services and the company’s owner, Dennis Sutherland.

The lawsuit also asks for punitive damages from 20 people or entities allegedly connected to the “inspection, maintenance, assembly, supervision, management, loading, or operation” of the ride, according to the suit reviewed by NBC Montana.

The filing alleges that at least 10 chairs on the Yo-Yo carnival ride were unsafe, with missing restraints that were “visible and readily discoverable.”

Despite those alleged defects, the chairs were still attached to the ride on the day Clayton was injured. Midway West owner Michelle Jensen later acknowledged that the only safety measure in place was for operators to verbally tell riders not to sit in them.

Jensen made that admission to law enforcement after the accident and said replacement parts for the defective chairs had already been ordered, the lawsuit claims.

Clayton Phillips, 13, died from his injuries after being thrown from his seat on the Yo-Yo swing ride at high speed while attending a carnival in Butte

Clayton Phillips, 13, died from his injuries after being thrown from his seat on the Yo-Yo swing ride at high speed while attending a carnival in Butte

The youngster was rushed to Butte hospital and then airlifted to a hospital in Kalispell with serious injuries where he died two weeks after the incident, the ride is seen here

The youngster was rushed to Butte hospital and then airlifted to a hospital in Kalispell with serious injuries where he died two weeks after the incident, the ride is seen here

The ride was inspected twice in the month before the fatal incident, with Sutherland allegedly signing off on the inspection. 

Butte-Silver Bow, which received a portion of the gross revenue from the carnival, is accused in the suit of failing to implement ‘reasonable procedures to verify the safety of the Yo-Yo’ ride. 

The suit added that Butte-Silver Bow did not require Midway West to provide an inventory of each ride. 

It said that Butte-Silver Bow had a duty of care in the ‘ownership, management, supervision, and control of its premises’.

The suit also claimed that Butte-Silver Bow had the authority to ‘reasonably inspect the carnival premises and the passenger-loading areas of the rides.’

The lawsuit also included a copy of the permit for the carnival that said Midway West was required to have public liability insurance of $1 million for each occurrence, and another $1.5 million for bodily injury and property damage. 

It is unclear at this time the exact amount being sought but it will extend to ‘all compensatory, general, special, economic, and noneconomic damages,’ recoverable by the youngster’s estate.

This will include the cost of the victim’s suffering, lost earnings, funeral expenses, costs of the emergency and medical response, loss of earnings and more, the suit added.

Clayton is pictured here alongside his mother Ashley Hossack who filed the lawsuit

Clayton is pictured here alongside his mother Ashley Hossack who filed the lawsuit 

According to the lawsuit, at least 10 of the chairs of the Yo-Yo ride were defective and had missing restraints

According to the lawsuit, at least 10 of the chairs of the Yo-Yo ride were defective and had missing restraints

Butte-Silver Bow has three weeks to provide a formal response in court to the lawsuit, which was filed on August 7. 

County Attorney Matt Enrooth previously told MTN News that an investigation found no criminal culpability.  

An obituary for Clayton said: ‘Clayton attended Butte Central Elementary and Junior High School, where he recently graduated from 8th grade on May 27, 2026. 

‘He was part of the Orphan Girl Theater for the past 6 years, where he shared his heart, his humor, his curiosity, and wonderful sense of character with everyone.

‘Clayton had many hobbies, including Legos, Music (Eminem), YouTube, Harry Potter, reading, traveling with family, hanging out with friends, and playing Minecraft.’

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

My Husband’s Alzheimer’s Diagnosis at 55: The Early Warning Signs

In the Ruscoe household, 9pm is bedtime. But 58-year-old Emma is not…

Two Teenagers Accused of Intentionally Sending Ride Out of Control

Two teenagers have been charged after authorities said they deliberately caused a…

Kaia Gerber Shares Heartbreaking Quote While Mourning Brother’s Loss

Kaia Gerber turned to Instagram on Sunday to share a poignant reflection…

New York Dining Institutions Face an Uncertain Future After Bankruptcy

Several of New York’s most recognizable restaurants have received a financial reprieve,…

Horrified by Grey Hairs? The Serum I Tried and What Happened

When I turned 40 with barely a handful of grey hairs, I…

Action Across Society Needed on White Working-Class Underachievement

Ending the long-running educational disadvantage faced by white working-class pupils will require…

King Charles, Prince William Lead Remembrance as Harry Honors From Afar

At 10.30am yesterday, London remained wrapped in thick fog as the Massed…

Parents Say Gavin Newsom Spared Their Daughter’s Killer and Mocked Her Life

Michael and Cynthia Ellerin believed their daughter Ashley had finally received justice…

Trump Retreats From Hardline Immigration Stance After Midterm Losses

President Trump acknowledged that his hard-line immigration agenda may have gone too…

NASA Is Hiring New Astronauts to Live and Work on the Moon

For countless children, becoming an astronaut is the ultimate childhood ambition. For…

Saudi Aramco Tower Damaged in Houthi Missile Attack on Riyadh Hub

A missile launched by Yemen’s Houthi rebels damaged a skyscraper belonging to…

Accused killer Beau Lamarre-Condon faces more questioning

Last week, Beau Lamarre-Condon was cross-examined and insisted he had not gone…