Montana boy, 13, died after being EJECTED from faulty fairground ride as it spun through the air, stricken mother’s lawsuit claims
A 13-year-old boy from Butte, Montana, died after being thrown from a fairground ride, prompting his mother to file a lawsuit alleging the ride was faulty and unsafe. Clayton Phillips was ejected from his seat on the Yo-Yo swing ride while attending a carnival in June, sustaining serious injuries and dying two weeks later. The case raises questions about oversight and maintenance failures at travelling fairs, with the lawsuit alleging safety warnings were ignored and defective equipment remained in use.
The lawsuit, filed by Ashley Hossack, names Butte-Silver Bow, Midway West Amusements, Shady Acres Safety Services and its owner Dennis Sutherland as defendants, and seeks punitive damages from around 20 parties tied to the ride's inspection and operation. It claims at least ten chairs on the ride had visibly missing restraints that were never fixed, with the operator allegedly only telling riders verbally not to use them. The ride had been inspected twice in the month before the accident, and Butte-Silver Bow, which took a cut of carnival revenue, is accused of failing to properly verify the ride's safety. A county investigation reportedly found no criminal culpability, and the local authority has three weeks to respond in court.
- Montana boy, 13, died after being thrown from a fairground ride
- Mother's lawsuit says ride had defective, unrepaired restraint chairs
- Multiple parties, including the ride operator and county, are being sued
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Travelling fairs move from place to place, bringing rides that must be set up, checked and maintained at each stop. The Yo-Yo is a swing ride that lifts riders into the air as it turns, with each person seated in a suspended chair.
Several organisations may be involved in a ride’s operation and safety, including the fair operator, inspectors and local authorities. Rules and checks are intended to identify hazards such as damaged equipment or missing restraints before a ride opens.
The case concerns the responsibilities of those involved in running and checking the ride, and how safety concerns should be handled. It may also draw attention to how oversight works when a fair is temporary and multiple parties share responsibility.