In a tragic incident that unfolded last month, a 13-year-old boy lost his life after being ejected from a “Yo-Yo” carnival ride in Montana. A lawsuit has been filed, claiming that the carnival’s operators ignored crucial safety procedures, running the ride despite the absence of several seats and necessary restraints.
The case, brought forth by the estate of Clayton Phillips, contends that Midway West Amusements, the company behind the ride, was aware that at least ten of the ride’s chairs were missing pelvic safety belts, as well as crucial clips and connectors.
Instead of addressing these serious deficiencies, the company allegedly depended solely on employees’ memory and verbal guidance to ensure those malfunctioning chairs remained unoccupied, as outlined in the lawsuit.
The Phillips family has launched a legal battle, alleging that negligence by employees led to the tragedy. They claim that operators ran the “Yo-Yo” ride at the Butte carnival, placing young Clayton Phillips in a precarious seat despite missing critical safety components. (WireImage)
The lawsuit further asserts that, due to inadequate training, employees placed Phillips in one of the unsafe chairs, contributing to the fatal incident. Meanwhile, the claim sheds light on shocking oversights in addressing the ride’s safety issues.
“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 states.
Designed to swing outward and elevate passengers as its rotational speed increases, the Yo-Yo ride hurled Phillips from his seat; he died from his injuries two weeks later.
FAMILY SEEKS $105 MILLION FROM NEW YORK CITY AFTER TEEN’S FATAL CENTRAL PARK CARRIAGE RIDE
Carnival goers swing on a ride called the YoYo during the Colorado State Fair in Pueblo, Colo., on 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 Media’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.
FILE – The carnival was being 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.