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Crime & Justice

Family sues over teen's death on faulty Yo-Yo carnival ride in Montana

The estate of 13-year-old Clayton Phillips has filed a lawsuit alleging that missing restraints on a Yo-Yo ride led to his fatal fall in Butte, Montana.

A lawsuit filed in Butte-Silver Bow District Court accuses several parties of negligence after 13-year-old Clayton Phillips was ejected from a Yo-Yo carnival ride and died two weeks later. The complaint alleges that ten of the ride’s chairs were missing restraint parts that were clearly visible, yet improperly trained employees permitted the boy to board an unsafe seat, or the restraints failed during operation. Midway West Amusements owner Michelle Jensen reportedly told police the only safety measure was to warn riders about broken seats and said replacement parts had been ordered.

Shady Acres Safety Services is said to have inspected the ride twice in the month before the incident, with owner Dennis Sutherland signing off on the inspections despite the alleged deficiencies. The estate is pursuing compensatory and punitive damages from the city-county government of Butte-Silver Bow, the ride operator, the inspection firm, its owner, and up to 20 other unidentified individuals or entities responsible for the ride’s inspection, maintenance, assembly, supervision, loading, or operation.

Why it matters

The case highlights safety oversight failures at temporary amusement events and may affect future carnival regulations.

In this story

Yo-Yo ridemissing restraintscarnival accidentlawsuitpunitive damagesinspection failureButte Montana
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