Yo-Yo journey lawsuit claims boy died as a consequence of lacking restraints in Butte

A 13-year-old boy was killed last month after being thrown from a “Yo-Yo” carnival ride in Montana, according to a lawsuit alleging that carnival workers failed to follow safety protocols and operated the ride despite several missing seats and restraints.

The estate of Clayton Phillips alleges that ride operator Midway West Amusements knew that at least 10 chairs lacked pelvic safety belts, clips and connectors.

Rather than making repairs, the company relied entirely on employee memory and verbal instructions to keep those chairs vacant, the lawsuit states.

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The family Clayton Phillips, 13, alleges in a lawsuit that he was killed after being flung from a “Yo Yo” carnival ride when employees operated the ride despite it having missing seats and restraints. (WireImage)

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Despite the deficiencies, improperly trained employees placed Phillips in an unsafe chair during the carnival in Butte, the lawsuit alleges.

“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.

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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 Fox News Digital’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)

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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.