A 13-year-old Montana boy died after he was allegedly thrown from a Yo Yo carnival ride last month, with a new lawsuit claiming workers ignored key safety rules and kept the attraction running even though multiple seats and restraints were missing.
The estate of Clayton Phillips says in the complaint that Midway West Amusements, the company operating the ride, was aware that at least 10 chairs were missing pelvic safety belts, clips and connectors.
Instead of repairing the equipment, the lawsuit alleges, the company depended on employees to remember which seats were unsafe and to pass along verbal directions to keep riders out of them.
The family of 13-year-old Clayton Phillips claims in a lawsuit that he was fatally injured after being ejected from a Yo Yo carnival ride that allegedly operated with missing seats and restraints. (WireImage)
The complaint further claims that, during the carnival in Butte, inadequately trained staff seated Phillips in one of the chairs that should not have been used.
“C.J.P. was thrown, ejected, and/or fell from the moving Yo-Yo … fell from a substantial height and violently struck the ground and/or surrounding surface,” the lawsuit says.
The Yo Yo ride is designed to lift and swing riders outward as it gains speed, but the lawsuit says Phillips was launched from his seat and suffered injuries that led to his death two weeks later.
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Carnivalgoers swing on a ride called the YoYo during the Colorado State Fair in Pueblo, Colo., Aug. 29, 2016. (Denver Post via Getty Images)
The lawsuit names the government of Butte-Silver Bow, Midway West Amusements, ride inspection company Shady Acres Safety Services and its owner, Dennis Sutherland, as defendants. They did not immediately respond to News Outlet’s requests for comment.
It also cites 20 unidentified individuals or entities, including managers, ride operators, maintenance personnel and contractors whose specific roles and identities were unknown at filing.
According to the lawsuit, Midway West representative Michelle Jensen admitted to the ride’s mechanical deficiencies when interviewed by law enforcement after the crash.
The carnival was held in Butte, Montana, according to court documents. (Bernie Friel/Getty Images)
Phillips’ family is seeking unspecified damages, including all compensatory, general, special, economic and non-economic damages, as well as compensation for lost future earnings, medical expenses and emergency costs.
