A tragic incident occurred at a carnival in Montana, resulting in the death of a 13-year-old boy, Clayton Phillips. The family has filed a lawsuit, accusing Midway West Amusements of negligence and safety protocol violations.
Safety Protocols in Question
The lawsuit claims that Phillips was thrown from a Yo Yo ride due to missing safety features. It alleges that the ride operator ignored the absence of at least ten pelvic safety belts and other necessary connectors. Instead of making repairs, the company relied on employee memory to avoid using the faulty seats.
Lack of Training and Consequences
The ride’s employees were reportedly not properly trained, leading to Phillips being placed in an unsafe seat. As the ride moved, he was ejected, fell from a height, and suffered injuries that resulted in his death two weeks later. The Yo Yo ride is designed to swing outward and elevate passengers, but this malfunction proved fatal.
The lawsuit states, “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.”
Legal Action and Defendants
The lawsuit names several defendants, including the local government of Butte-Silver Bow, Midway West Amusements, and Shady Acres Safety Services, a ride inspection company. Twenty other individuals or entities are cited as unidentified, comprising managers, ride operators, and maintenance personnel.
Michelle Jensen, a Midway West representative, reportedly admitted to the ride’s mechanical issues when questioned by law enforcement. The carnival occurred in Butte, Montana, as noted in court documents.
Seeking Justice
Phillips’ family seeks compensation for various damages. They request coverage for lost future earnings, medical expenses, and emergency costs, along with other unspecified damages. The lawsuit reflects their pursuit of accountability for the fatal accident.