Clayton Phillips, a 13-year-old from Montana, was thrown from the "Yo-Yo" swing ride at a carnival in Butte-Silver Bow and later died after carnival workers approved safety inspections despite "visible and readily discoverable" deficiencies—including missing restraints—a lawsuit filed by his estate alleges.
Background
The tragic incident occurred in early June when Phillips was riding the Yo-Yo attraction. According to the family's legal complaint, at least 10 of the ride's chairs had deficiencies on the day of the incident. Chairs with missing restraint components remained operational despite the known safety hazards. Phillips was placed on a chair that lacked proper restraints and was subsequently thrown from the ride. He died weeks later from injuries sustained in the fall.
The Yo-Yo swing ride, a carnival attraction featuring swinging chairs suspended from an central axis, has been involved in similar incidents at other venues across the country. In this case, the family's lawsuit claims that improperly trained employees allowed Phillips to be seated in one of the defective chairs without adequate safety measures in place.
The Investigation
The estate of Clayton Phillips is suing multiple parties alleged to have contributed to the fatal incident: Butte-Silver Bow city-county government, Midway West Amusements (the ride operator), Shady Acres Safety Services and its owner Dennis Sutherland. Additionally, 20 yet-to-be-identified persons or entities responsible for inspection, maintenance, assembly, supervision, management, loading, or operation of the Yo-Yo have been named as defendants.
According to the complaint, Midway West owner Michelle Jensen acknowledged deficiencies when speaking with police after the incident. She reportedly stated that replacement parts were on order and claimed the only precaution taken was operators verbally instructing riders not to use the deficient chairs—a measure the lawsuit characterizes as wholly inadequate.
Shady Acres Safety Services allegedly inspected the ride at least twice in the month preceding the incident. Owner Dennis Sutherland signed off on these inspections, claiming there were no meaningful issues despite what the family argues should have been obvious safety violations.
The complaint further states that Butte-Silver Bow had a duty to exercise reasonable care in ownership, management, supervision, and control of its premises, including authority to reasonably inspect carnival premises and passenger-loading areas. The city-county allegedly failed to require Midway West to disclose known deficiencies and outstanding replacement parts.
Key Takeaways
- Clayton Phillips, 13, died after being thrown from a Yo-Yo swing ride in Butte-Silver Bow, Montana in early June
- At least 10 chairs on the ride had deficiencies; chairs with missing restraint components remained operational
- Midway West Amusements owner allegedly admitted to deficiencies but claimed only verbal warnings were issued to riders
- Shady Acres Safety Services inspected the ride twice in the preceding month and signed off despite visible issues, according to the lawsuit
- Defendants have three weeks to provide formal court responses; none have commented publicly on the allegations
What's Next
Butte-Silver Bow, Midway West Amusements, and Shady Acres Safety Services have not commented on the wrongful death lawsuit. The defendants have three weeks to provide formal responses in court. Phillips' family is seeking all compensatory, general, special, economic, and noneconomic damages recoverable by the estate—including costs for victim's suffering, lost earnings, funeral expenses, and emergency response charges.