Family sues after 8-year-old boy DIES flying out of corkscrew slide and falling seven feet to the ground at his Utah elementary school

The parents of an 8-year-old Utah boy who died after falling out of a corkscrew slide on his elementary school playground have filed a wrongful death lawsuit against the school district.

Dallin Cunningham was playing on a corkscrew-style slide the at the Rose Springs Elementary School playground on February 6, 2023, when he fell seven feet and suffered fatal blunt force trauma to the head. 

His parents, Timothy and Kathryn Cunningham, are suing the Tooele County School District for $90,000 and other undisclosed damages for failing to properly supervise Dallin and allowing unsafe playground conditions, according to the lawsuit obtained by KUTV.

Dallin, who was the youngest of four children and the only boy in the family, was unconscious after the fall and was transported to the hospital where he died.

'He fell onto the frozen rock-hard (term used by police) surface below and received severe injuries including fatal blunt trauma to his head,' the lawsuit read. 

Dallin Cunningham, 8, died after falling out of a corkscrew slide on his elementary school playground

Dallin was on a corkscrew-style slide on the playground at Rose Springs Elementary School on February 6, 2023, when he fell seven feet and experienced fatal blunt force trauma to the head. The slide has reportedly since been removed from the playground

His parents, Timothy and Kathryn Cunningham, are suing the Tooele County School District for $90,000 and other undisclosed damages for failing to properly supervise Dallin and allowing unsafe playground conditions

His parents said the fall happened around 10:07 a.m. but the school staff did not call 911 until 10:17 a.m.

The 8-year-old suffered from blunt force trauma, right occipital subscapular hematoma, fracture of the right side of the frontal bone, cerebral edema and hemorrhaging as a result of his fall.

The lawsuit argued the school district is liable because the playground did not meet safety standards including excessive slide slop and inadequate mulch.

'Using a surface for the playground beneath the playground equipment consisting of a dangerous condition of a frozen hard surface rather than a material which would have better absorbed the hard impact of Dallin's fall,' the complaint said.

'The standard is 12 inches of fill material which is anticipated to compress to a minimum of 9 inches of fill. As measured on the playground, due to faulty design and maintenance, the playground mulch was approximately 1 inch in depth before being frozen solid underneath.'

Tooele County School District told KSL: 'Due to the open and active litigation, we are unable to provide a comment at this time.'

The slide has reportedly been removed from the playground.

Dallin's obituary described him as a friendly and outgoing boy who was always making new friends.

'Dallin is the perfect, imperfect eight-year-old little boy. Sometimes teasing, sometimes antagonizing, but always in love for his three sisters, his mommy, and daddy,' said the obituary.

'He loves playing board games and card games like Sushi Go!, Throw Throw Burrito, Uno, and many more. But he is always more excited to play when one of his sisters will be playing with him.'

The 8-year-old was described as athletic, loved playing soccer, was very flexible and creative.

'When he doesn’t have access to video games, he will pull out a complex puzzle to work on or draw funny pictures,' the obituary read.

Cunningham family friend Katrina Orr told KSL Dallin was very smart and had a lot of energy

The lawsuit argued the school district is liable because the playground did not meet safety standards including excessive slide slop and inadequate mulch

Dallin's obituary described him as a friendly and outgoing boy who was always making new friends

'He enjoys reading and just finished all the How to Train your Dragon books. He loves learning Portuguese and practicing with his daddy at home.'

Cunningham family friend Katrina Orr told KSL Dallin was very smart and had a lot of energy.

'He was a very intelligent kid. He was putting together a 3D Harry Potter puzzle that's meant for 12-year-olds and he had figured it out,' Orr said.

'He would love to come up and cuddle with you and come grab your face and make some silly joke.' 

The Cunningham's church bishop told FOX 13, 'It has been a heartbreaking experience and we will never be the same. He was a bright, vibrant boy with the best smile and laugh.'