Montana Boy Killed on Carnival Ride Missing Restraints: Suit - Internewscast Journal
Montana Boy Killed on Carnival Ride Missing Restraints: Suit

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.

YoYo ride spinning at the 2011 Voodoo Experience festival in City Park.

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.

FAMILY SEEKS $105 MILLION FROM NEW YORK CITY AFTER TEEN’S FATAL CENTRAL PARK CARRIAGE RIDE

Carnival goers swing on the YoYo ride at the Colorado State Fair.

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.

Panoramic view of scenic Montana where a manhunt is underway for a man who killed four people in a bar

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.

Leave a Reply

Your email address will not be published.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

You May Also Like

Teen killer avoids state’s first female execution in over 200 years – for now

Teen Killer Temporarily Spared From State’s First Female Execution in More Than 200 Years

Christa Pike, the Tennessee woman convicted of a 1995 murder, narrowly avoided…
Driver, 72, arrested in NYC hit-and-run that killed ex-Nickelodeon star Kianna Underwood

Man, 72, Held in NYC Hit-and-Run Death of Nick Star Kianna Underwood

A 72-year-old man who previously insisted he “did nothing wrong” after fatally…
Repeat offender with lengthy rap sheet accused of gunning down Kentucky trooper during traffic stop

Repeat Offender Accused of Killing Kentucky Trooper in Traffic Stop

The Tennessee man charged with killing a Kentucky state trooper was already…
Dutch National Police arrest member of group that claimed to have hacked FBI

Dutch Police Arrest Suspect Linked to Group That Claimed FBI Hack

The FBI and Dutch National Police said Tuesday they had arrested a…
Loaded gun found toddler's backpack Michigan daycare

Loaded Gun Found in Toddler’s Backpack at Michigan Daycare

A Michigan daycare was thrown into chaos Monday after a toddler reportedly…
The Essex Files: Why That 'Doomsday Plane' Over Tulsa Reminds Us Peace Requires Preparation

Essex Files: Tulsa ‘Doomsday Plane’ Flight Shows Why Peace Needs Prep

The striking aircraft spotted at Tulsa International Airport this week was not…
Evangelical leader slams Palestinian official’s Bible claims as ‘contemptible’

Evangelical Leader Calls Palestinian Official’s Bible Claims ‘Contemptible’

A prominent American evangelical leader has denounced comments by a Palestinian official…
‘American Idol’ contestant’s 100K texts with mistress show motive in wife’s murder, prosecutors say

American Idol Alum Caleb Flynn Convicted of Wife’s Murder

Former “American Idol” contestant Caleb Flynn was convicted Tuesday of murdering his…
Caleb Flynn, former "American Idol" contestant and pastor, found guilty in wife's murder

American Idol Alum, Pastor Caleb Flynn Found Guilty of Wife’s Murder

Caleb Flynn, a former “American Idol” contestant and pastor, has been convicted…
California colleges could drop English test for international students

California Colleges Could Drop English Tests for International Students

The California State University system is weighing changes to its English-language testing…
Connecticut man Ahmad Elshazly sentenced for trying to support ISIS

Connecticut Man Ahmad Elshazly Sentenced Over Attempted ISIS Support

Ahmad Khalil Elshazly, 29, of West Haven, Connecticut, has been sentenced to…
Hero cop stopped synagogue massacre in Canada as Jewish group calls for armed guards

Canadian Police Officer Hailed for Preventing Synagogue Massacre as Jewish Group Calls for Armed Guards

About two dozen people were inside the Sons of Jacob Synagogue in…