A former Cirque du Soleil performer left paralyzed during a backwards diving stunt gone wrong is now suing the entertainment brand, claiming it was a rushed production that flouted safety protocols .
Kyle Mitrione, 35, filed a lawsuit Thursday accusing Cirque du Soleil of putting him in “danger” during the company’s “O” show in Las Vegas on June 28, 2023.
According to the lawsuit, at the time of the alleged incident, Mitrione was part of the act called “The Island” which involved a floating stage.
During the performance, Mitrione dove backwards headfirst from the platform while the elevators were moving, causing the water to be less than four feet deep when he dove and hit the water scene, according to the lawsuit.
The show, held at the famous Bellagio hotel and casino, celebrated its 25th anniversary last year. Eighty-five artists dove into a 1.5 million-gallon capacity pool from 60 feet in the air.
The show, which takes place at the famous Bellagio hotel-casino, celebrated its 25th anniversary last year, as 85 performers dove into a 1.5 million gallon pool from 60 feet in the air. (photo Kyle, far left) with other divers at the ‘O’ theater)
Mitrione is seen diving into a different waterfall during practice for the ‘O’ performance
Kyle Mitrione, 35, filed a lawsuit Thursday and accused Cirque du Soleil of putting him in danger during the company’s “O” performance in Las Vegas on June 28, 2023. (photo: Mitrione with his wife )
Mitrione hit his head in the elevator and the performance had to be interrupted because he fractured his spine. He was rushed to the hospital and required emergency surgery, according to the lawsuit.
Although the surgery went well, Mitrione’s attorney said he suffered “permanent, debilitating, catastrophic and life-changing injuries.”
His lawyers said he suffered spinal and neck fractures that left him quadriplegic, hyponatremia, chronic deep vein thrombosis, sleep apnea, insomnia, depression, anxiety , chronic physical pain and much more, according to the lawsuit.
The suit claimed that Mitrione was not the only diver injured or nearly injured during the show and that Cirque du Soleil officials had been informed of their concerns.
“Defendants knowingly rushed the production and installation of the ‘Island’ act, in a deliberate cost-cutting effort to minimize costs and save money, and while placing performers like the plaintiff, Kyle Mitrione, in danger,” the lawsuit reviewed. by KTNV, said.
According to the complaint, just six days before Mitrione’s incident, one of his fellow divers suffered a “near miss” after “scratching” his face on the platform, according to the documents.
According to the lawsuit, at the time of the alleged incident, Mitrione was part of the act called “The Island” which involved a floating stage.
Although the “Island” act requires the performers to dive into the water while the elevators are in motion, the choreographers were known to “coordinate and sequence the movement of the floating stage with the underwater technicians and the divers, to prevent a diver from inadvertently hitting the floating stage. elevators,” the lawsuit states.
Stage technicians, in and out of the water, are also trained in the use of verbal communication as well as light and sound signals to move equipment safely while performers are on stage.
Mitrione said he relied “solely on musical cues,” according to legal documents.
“There were no other audio and/or technical signals to indicate to the divers whether it was safe to conduct their respective dives,” the lawsuit states.
“So, if the underwater stage and technicians fail to properly maneuver the “Island” stage, divers, such as (Mitrione), are not informed of the possibility of a catastrophic failure and dive inadvertently in the elevators.”
The lawsuit says other factors contributed to Mitrione’s painful injury, including a lack of “show runs” or pre-show training, unsynchronized musical cues, and states that performers never dive into the water when elevators move near them.
In December, the Occupational Safety and Health Administration (OSHA) fined Cirque du Soleil more than $30,000 for the incident, records show.
The company has appealed the fines and, according to OSHA officials, a decision will be made at a hearing with the OSHA review board.
At the time, Cirque du Soleil said: “The incident at ‘O’ was an unfortunate accident that resulted in the injury of a member of the Cirque du Soleil family and required analysis and review of our work environment and our culture. As well as health and safety protocols and practices.
“Without a doubt, the health, safety and well-being of our artists, crew and administrative team are paramount to our culture and remain the top priority.
According to the complaint, just six days before Mitrione’s incident, one of his fellow divers suffered a “near miss.”
Mitrione, originally from Haddonfield, New Jersey, now lives in Los Angeles and has competed in Red Bull Cliff Diving events and is a member of the USA Cliff Diving team.
DailyMail.com contacted Cirque du Soleil regarding the new lawsuit filed and reached out to Mitrione’s representatives.
In a July 2023 post, Mitrione said: “Thank you everyone. I have received so many messages of support from so many of you.
“Please know that the love I feel keeps me going. It is an indescribable feeling of hope and light. you pulled me out of a darkness I didn’t know existed.
Mitrione, originally from Haddonfield, New Jersey, now lives in Los Angeles, according to his Facebook.
Besides diving, he has also participated in Red Bull Cliff Diving events and is a member of the USA Cliff Diving team.
He was seen diving during practice for the “O” performance in October 2021 as he swung on a swing, launched himself into the air and flipped in the pool.
Mitrione has also been seen in several photos and videos with his wife, Karolina Melska, who, according to her Instagram, is an aerialist for Cirque du Soleil.
He asked his friends and family to continue to send him well wishes as they have helped him and his wife on his journey to recovery.
“It reminds me that we are still together and that there is hope of living a fulfilling life together at the end of this journey,” he said alongside a photo of a wall covered in maps greetings and snacks.
dailymail us
