(Butte, MT) — The family of a child who was thrown from a carnival ride and killed in Butte earlier this year is filing a lawsuit. The estate of 13-year-old Clayton Phillips filed a lawsuit yesterday against Butte-Silver Bow, Midway West Amusements, ride inspection company Shady Acres Safety Services and their owner, Dennis Sutherland. The lawsuit also targets 20 “persons or entities responsible for the inspection, maintenance, assembly, supervision, management, loading, or operation of the Yo-Yo ride or carnival.” The lawsuit alleges wrongful death and negligence and requests punitive damages. A police investigation in July found no criminal culpability with Midway West Amusements, which held the carnival on June 7th. Phillips was riding the Yoyo ride when it malfunctioned and he was thrown to the ground. He died from his injuries at a hospital about three weeks later.
