BUTTE — The family of a 13-year-old boy who died in June after falling from a carnival ride in Butte has filed a wrongful death and negligence lawsuit in Butte District Court.
The lawsuit alleges that the death of Clayton Phillips was caused in part because the ride's safety restraint was incomplete or not present on the seat the boy was using. Punitive and monetary damages are being sought by the family.
Included in the suit are Butte-Silver Bow County, Midway West Amusements, Shady Acres Safety Services (LLC) and others. The lawsuit alleges that a safety inspection by Shady Acres Safety Services failed to notice missing restraints on some chairs, and that the county permitted the carnival to operate on county property.
The lawsuit was filed on Friday, Aug. 7, 2026.
In July, County Attorney Matt Enrooth told MTN News that an investigation found no criminal culpability on the part of Midway West Amusements, which held the carnival in Butte on June 7, when Phillips was flung from his seat on the Yo-Yo ride as it spun at high speed. He was taken to the Butte hospital and then later airlifted to a hospital in Kalispell with serious injuries. The teen died on June 21st.
Enrooth told MTN News that a thorough investigation into the incident took about a month to conclude. He said investigators spoke with many witnesses, inspected the ride, took aerial photos of the scene, and viewed videos taken the day of the accident.
Though this was a tragic incident, Enrooth said they could link no crime to the accident.
Court documents filed in Butte District Court show that the attorneys for the carnival and the owner of the ride, Chance Rides, have requested criminal justice information related to the accident investigation to prepare for expected civil litigation arising from the deadly incident.
