Cirque du Soleil diver left paralyzed by backwards stunt at Las Vegas show says ‘rushed’ production saw him smack into metal platform

A former Cirque du Soleil performer who was left paralyzed during a back-dive stunt gone wrong is now suing the entertainment brand, claiming it was a rushed production that ignored safety protocol.

Kyle Mitrione, 35, filed a lawsuit Thursday accusing Cirque du Soleil of endangering him during the company’s performance at ‘O’ in Las Vegas on June 28, 2023.

The show, which is held at the famous Bellagio Hotel and Casino, celebrated its 25th anniversary last year. Eighty-five artists dived from a height of 18 meters into a swimming pool with a capacity of 1.5 million liters.

According to the lawsuit, at the time of the alleged incident, Mitrione was part of an 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 reached the water stage, the lawsuit said.

Mitrione dives into another stunt during a practice run for the ‘O’ performance

Kyle Mitrione, 35, filed a lawsuit Thursday accusing Cirque du Soleil of “endangering” him during the company’s “O” performance in Las Vegas on June 28, 2023. (Photo: Mitrione with his girlfriend)

Mitrione hit his head on the elevator and the performance had to be stopped because he broke his spine. He was rushed to the hospital and required emergency surgery, the lawsuit said.

Although the surgery went well, Mitrione’s attorney said it left him with “permanent, debilitating, catastrophic and life-altering injuries.”

His lawyers said he had spinal and neck fractures that left him paralyzed, hyponatremia, chronic deep vein thrombosis, sleep apnea, insomnia, depression, anxiety, chronic physical pain and more, the lawsuit said.

The lawsuit alleged that Mitrione was not the only diver injured or nearly injured during the performance 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 effort to reduce costs to minimize costs and save money, and while endangering artists such as Plaintiff Kyle Mitrione ‘, the lawsuit was assessed. Through KNVsaid.

According to the lawsuit, one of his fellow divers suffered a “near miss” just six days before Mitrione’s incident.

According to the lawsuit, at the time of the alleged incident, Mitrione was part of an act called “The Island,” which involved a floating stage

Although the “Island” act requires performers to dive into the water while the elevators are in motion, choreographers were known to “coordinate and sequence the movement of the floating stage with the underwater technicians and divers, to prevent a diver from accidentally would hit the ground. elevators,” the lawsuit said.

Stage technicians, both in and out of the water, are also trained in the use of verbal communication and light and sound signals to safely move equipment 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 cues to advise the dive artists as to whether it was safe to perform their respective dives,” the lawsuit said.

‘So if the stage and underwater technicians fail to properly maneuver the ‘Island’ stage, diving artists, such as [Mitrione]are not informed of the possibility of catastrophic failure and inadvertently dive into the elevators.”

The lawsuit stated that other factors contributed to Mitrione’s painful injury, including not enough “show runs” or practicing for the live show, unsynchronized musical cues, and that performers never dove into the water while the elevators moved 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 a decision will be made at a hearing before the OSHA Review Board, according to OSHA officials.

Cirque du Soleil said at the time: “The incident at ‘O’ was an unfortunate accident that resulted in the injury of a Cirque du Soleil family member and necessitated 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 administrative team is critical to our culture and remains the top priority.”

According to the lawsuit, one of his fellow divers suffered a “near miss” just six days before Mitrione’s incident

Mitrione, originally from Haddonfield, New Jersey, now lives in Los Angeles, 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 July 2023 post, Mitrione said, “Thank you all. 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 brought me out of a darkness I never knew 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 spotted diving during a practice run for the ‘O’ performance in October 2021, swinging on a swing, launching into the air and jumping into the pool.

Mitrione was also seen in multiple photos and videos with his girlfriend Karolina Melska, who according to her Instagram is an aerialist for Cirque du Soleil.