A former Cirque du Soleil performer who was paralyzed in a backwards diving stunt gone wrong is now suing the entertainment brand, claiming it was a rushed production that breached safety protocol.
Kyle Mitrione, 35, filed a lawsuit Thursday accusing Cirque du Soleil of putting him in ‘danger’ during the company’s ‘O’ performance in Las Vegas on June 28, 2023.
The show, held at the famous Bellagio Hotel and Casino, celebrated its 25th anniversary last year. Eighty-five artists jumped into a 1.5 million gallon pool from 60 feet into the air.
According to the lawsuit, at the time of the alleged incident, Mitrione was part of an act called ‘The Island’ that involved a floating stage.
During the performance, Mitrione dove backwards, head-first, off the platform as the elevators moved, causing the water to be less than four feet deep when he submerged and hit the water stage, according to the lawsuit.
The show, held at the famed Bellagio Hotel and Casino, celebrated its 25th anniversary last year, when 85 performers jumped 60 feet into a 1.5 million-gallon pool. (pictured by Kyle, far left) with other divers at the ‘O’ Theater)
Mitrione is seen diving a different trick in a practice run for the ‘O’ performance.
Kyle Mitrione, 35, filed a lawsuit on Thursday, accusing Cirque du Soleil of putting him in ‘danger’ during the company’s ‘O’ performance in Las Vegas on June 28, 2023 (pictured: Mitrione with his bride).
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 had to undergo emergency surgery, according to the lawsuit.
Although the surgery went well, Mitrione’s attorney said he was left with “permanent, debilitating, catastrophic and life-altering injuries.”
His attorneys 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 more, according to the lawsuit.
The lawsuit claimed that Mitrione was not the only diver who was injured or nearly injured during the performance and that Cirque du Soleil officials were informed of his concerns.
“Defendants knowingly rushed the production and installation of the ‘Island’ act, in a deliberate cost-cutting effort to minimize costs and save money, while placing artists like plaintiff, Kyle Mitrione, in danger.” “, is outlined in the lawsuit. by KTNVsaying.
According to the lawsuit, just six days before Mitrione’s incident, one of his diving buddies nearly had an accident.
According to the lawsuit, at the time of the alleged incident, Mitrione was part of an act called ‘The Island’ that involved a floating stage.
While the ‘Island’ act requires performers to submerge themselves in the water while the elevators are moving, choreographers are known to “coordinate and sequence the movement of the floating stage with underwater technicians and divers, to prevent a diver inadvertently struck the elevators,” the lawsuit says.
Stage technicians, both on and off the water, are also trained to use verbal communication and lighting and sound cues 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 warn the divers whether it was safe to conduct their respective dives,” the lawsuit says.
‘Therefore, if the stage and underwater technicians fail to adequately maneuver the ‘Island’ stage, the diving artists, such as [Mitrione]They are not informed of the possibility of catastrophic failure and inadvertently falling into the lifts.’
The lawsuit said other factors contributed to Mitrione’s painful injury, including a lack of sufficient “runs” or practice before the live show, unsynchronized musical cues and said the performers never went into the water with the lifts moving nearby. from 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 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 member of the Cirque du Soleil family and required an analysis and review of our work environment and culture. As well as health and safety protocols and practices.’
“Without a doubt, the health, safety and well-being of our artists, crew and management team is paramount to our culture and remains a top priority.”
According to the lawsuit, just six days before Mitrione’s incident, one of his diving buddies nearly had an accident.
Originally from Haddonfield, New Jersey, Mitrione now lives in Los Angeles, has competed in Red Bull Cliff Diving events, and is a member of the US Cliff Diving team.
DailyMail.com contacted Cirque du Soleil about the newly filed lawsuit and contacted Mitrione’s representatives.
In a post from July 2023, Mitrione said: ‘Thank you all. I have received so many messages of support from many of you…’
‘Please know that the love I feel keeps me going. It is an indescribable feeling of hope and light. You’ve brought 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.
In addition to 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 while swinging on a swing, launching himself into the air, and diving into the pool.
Mitrione was also seen in multiple photos and videos with his girlfriend, Karolina Melska, who according to her Instagram, is a Cirque du Soleil trapeze artist.