What to Know
Clayton Phillips was a month away from turning 14 when his life ended after a carnival ride in Montana. While on a “Yo-Yo” swing on June 7, 2026, his seat reportedly malfunctioned, sending Clayton flying through the air.
Emergency responders transported Clayton to a hospital in Butte, where he was then airlifted to another to Kalispell. He passed away from his injuries on June 21. Clayton’s family filed a wrongful death lawsuit hoping for justice for their innocent son.
Police immediately shut the ride down following the accident.
According to NBC Montana, the accident occurred just after 3 p.m. at the Butte Civic Center. Butte-Silver Bow Law Enforcement shut down the Yo-Yo ride and temporarily suspended the other rides at the carnival as a precaution. The ride is owned and operated by Midway West Amusements, a traveling carnival company.
According to the company’s website, “The Yo Yo is a spectacular swing ride that spins riders 30 feet in the air while tilting at a 15-degree angle. The Yo Yo is a high-capacity ride that rides 32 riders per cycle and is perfect for riders of all ages.”
The accident shocked carnival-goers.
Dylan Lambson, 15, told NBC Montana he got to the carnival just before the accident. “I went and got a wristband and was right by the Yo-Yo. I hear a thud, and I look over, and the kid was on the ground,” he recalled.
Lambson called the carnival workers “shameful,” alleging they did not help or call police. “There were safety precautions on some of the rides, they just checked to see if the cage was shut. But on that ride, there isn’t, and all the carnival workers did is huddle up in a group behind the Yo-Yo and didn’t help to see if the kid was OK at all,” he said.
Another teenager, Keaton Hislop, told NBC Montana he rode the Yo-Yo the night before and noticed something odd. “When I was on the ride, there was no clip for the bar that keeps you in and on the seat. It was kind of jaggedy, and I had to hold onto the bar and also the swing set,” the 14-year-old said.
Clayton’s family filed a wrongful death lawsuit.
According to court documents obtained by NBC Montana, the late teen’s estate sued the city-county government of Butte-Silver Bow, Midway West Amusements, ride inspection company Shady Acres Safety Services, Shady Acres Safety Services owner Dennis Sutherland, and 20 yet-to-be-identified “persons or entities responsible for the inspection, maintenance, assembly, supervision, management, loading, or operation of the Yo-Yo ride or carnival.”
Court documents claim the Yo-Yo had at least 10 chairs with deficiencies that were “visible and readily discoverable.” Midway West owner Michelle Jensen reportedly said operators were told not to allow guests to ride on the deficient swings. Per the lawsuit, it appears improperly trained staff allowed Clayton to ride on a deficient swing, which led to his death.
Midway West Amusements was required to carry liability insurance of $1 million for each occurrence and $1.5 million combined single limit of insurance for bodily injury and property damage, per the news outlet. Clayton’s family seeks unspecified damages.
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