A former Cirque du Soleil performer left paralyzed in a backwards diving stunt gone wrong is now suing the entertainment brand, claiming it was a rushed production that flouted safety protocol.
Kyle Mitrione, 35, filed a lawsuit on Thursday accusing Cirque du Soleil of putting him in ‘harm’s way’ during the company’s Las Vegas ‘O’ performance on June 28, 2023.
The show, which is held at the famous Bellagio Hotel and Casino, celebrated its 25th anniversary last year. Eighty-five performers dove into a 1.5million gallon-capacity pool from 60ft in the air.
According to the lawsuit, at the time of the alleged incident, Mitrione was a part of the act called ‘The Island’ which involved a floating stage.
During the performance Mitrione dove backward, headfirst from the platform while the lifts were moving, which caused the water to be less than four feet deep when he dove and hit the aquatic stage, the lawsuit said.
The show, which is held at the famous Bellagio Hotel and Casino, celebrated its 25th anniversary last year, as 85 performers dove into a 1.5million gallon pool from 60ft in the air. (pictured Kyle, far left) with other divers at the ‘O’ Theater)
Mitrione is seen diving in a different stunt in a practice run for the ‘O’ performance
Kyle Mitrione, 35, filed a lawsuit on Thursday and accused Cirque du Soleil of putting him in ‘harms way’ during the company’s Las Vegas ‘O’ performance on June 28, 2023. (pictured: Mitrione with his wife)
Mitrione struck his head on the lift and the performance had to be stopped as he fractured his spine. He was rushed to the hospital and had to have emergency surgery, the lawsuit said.
Although the surgery went well, Mitrione’s lawyer’s said that he was left with ‘permanent, debilitating, catastrophic and life-altering injuries.’
His lawyers said that he suffered spinal and neck fractures that left him quadriplegic, hyponatremia, chronic deep vein thrombosis, sleep apnea, insomnia, depression, anxiety, chronic physical pain and more, according to the lawsuit.
The suit claimed that Mitrione was not the only diver that was injured or nearly injured during the performance and that Cirque du Soleil officials were made aware of their concerns.
‘The defendants knowingly rushed the production and installation of the ‘Island’ act, in a deliberate cost reduction effort in order to minimize costs and save money, and while placing performers like Plaintiff, Kyle Mitrione, in harm’s way,’ the lawsuit, reviewed by KTNV, said.
According to the suit, just six days before Mitrione’s incident, one of his fellow divers suffered a ‘near miss’ after they ‘grazed’ their face on the platform, according to documents.
According to the lawsuit, at the time of the alleged incident, Mitrione was a part of the act called ‘The Island’ which involved a floating stage
While the ‘Island’ act does require performers to dive into the water while lifts are moving, choreographers were known to ‘coordinate and sequence the movement of the floating stage with the underwater technicians and divers, in order to prevent a diver from inadvertently striking the lifts,’ the lawsuit said.
Stage technicians both in and out of the water are also trained to use verbal communication, and lighting and sound cues to safely move equipment while performers are on stage.
Mitrione said that he relied ‘solely upon musical cues,’ legal documents said.
‘There were no other audio and/or technical cues to advise the diving performers if it was safe to perform their respective dives,’ the lawsuit said.
‘Thus, if the stage and underwater technicians fail to properly maneuver the ‘Island’ stage, diving performers, such as [Mitrione], are not informed of the possibility for catastrophic failure and inadvertently diving into the lifts.’
The lawsuit said that other factors contributed to Mitrione’s painful injury, including not enough ‘show runs’ or practice before the live show, unsynchronized musical cues, and said that performers never dove into the water with the lifts moving near them.
In December, the Occupational Safety and Health Administration (OSHA) fined Cirque du Soleil more than $30,000 for the incident, records showed.
The company appealed the fines and according to OSHA officials, a decision will be made during 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 Cirque du Soleil family member and mandated analysis and review of our work environment and culture. As well as protocols and practices of health and safety.’
‘Without question, the health, safety and well-being of our artists, crew and administrative team is paramount to our culture and remains the top priority.’
According to the suit, 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 about the newly filed lawsuit, and reached out to Mitrione’s representatives.
In a post from July 2023, Mitrione said: ‘Thank you, all. I’ve received so many messages of support from so many of you..’
‘Please know the love I’m feeling is keeping me going. It’s an indescribable sensation of hope and light. you’ve pulled me from a darkness I did not know existed.’
Mitrione, originally from Haddonfield, New Jersey, now lives in Los Angeles, according to his Facebook.
Besides diving, he has also competed in Red Bull Cliff Diving events and is a member of the USA Cliff Diving team.
He was seen diving in a practice run for the ‘O’ performance in October 2021 as he swung on a swing, launched into the air and flipped into the pool.
Mitrione was also seen in multiple pictures 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 keep sending well wishes as they have helped him and his wife on his recovery journey.
‘I’m reminded that we still have each other and that there’s hope of living fulfilled lives together at the end of this journey,’ he said along with a picture of a wall covered in greeting cards and snacks.