BUTTE, Mont. – The mother of a 13-year-old fatally injured on a carnival ride in Butte filed a wrongful death lawsuit, claiming that the Yo-Yo ride at the Butte Civic Center had 10 chairs missing restraints that caused her son’s fatal injury from the ride.
Ashley Hossack, the boy’s mom and representative for his estate, named the City and County of Butte-Silver Bow, Midway West Amusements, Shady Acres Safety Services, and nearly two-dozen individuals as defendants in her lawsuit.
Hossack’s son was hurt on a carnival ride at the Butte Civic Center on June 7 and died on June 21from his injuries.
She said her son “complied with instructions” from Midway West Amusement employees at the Civic Center and that “while the Yo-Yo was moving and C.J.P.’s chair was elevated above the ground, the passenger-restraint system failed to keep him safely within the chair,” leading directly to his death.
The lawsuit accuses the various defendants of negligence, liability and lawful claims for their role in the alleged lack of inspection or safeguards regarding the broken seats.
“The acts and omissions of Defendants combined and concurred to cause C.J.P.’s fatal injuries and death,” she wrote in the lawsuit.
The lawsuit says the full extent of the damages have not been determined yet, but “seeks all damages permitted by Montana law.” She asked that the lawsuit be tried before a jury.
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