LAS VEGAS (KTNV) — A former performer is suing Cirque du Soleil after he was injured during an "O" performance at the Bellagio.
The incident happened on June 28, 2023 during the 9:30 p.m. performance. Kyle Mitrione was a diver in the show and was part of a new "Island" act, which the lawsuit states was introduced about two weeks prior to the incident.
On June 28, the 35-year-old dove backwards, headfirst, from the "Island" platform into the pool while the lifts were rising. The suit states with the lifts moving, the water was less than four feet deep at the time of Mitrione's dive.
Mitrione struck a lift headfirst, which meant the performance had to be stopped and he was taken to the emergency room where he had emergency surgery.
While the surgery saved his life, Mitrione's lawyers said he has suffered severe and permanent injuries, including spinal and neck fractures resulting in complete quadriplegia, chronic deep vein thrombosis, hyponatremia, sleep apnea, insomnia, depression, anxiety, and chronic physical pain, among other health issues.
The lawsuit claims several factors led to the incident that injured Mitrione.
- The act had different coordination and sequencing that what "O" had previously implemented.
- Before the "Island" act was introduced, performers never dove into the pool while the platforms and lifts were being maneuvered and/or near performers.
- There weren't enough "show runs", which serve as training in order to simulate live show conditions to prevent divers from striking the lifts.
- The musical cues weren't synchronized and divers solely rely on musical cues while stage and underwater technicians rely on verbal instructions, lighting, and sound cues.
According to the suit, several divers struck or came close to striking the lifts in the weeks leading up to the incident and that Cirque du Soleil officials were notified about 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 suit reads in part.
In December, the Occupational Safety and Health Administration fined Cirque du Soleil for the incident. According to OSHA records, investigators found two serious violations. Each of those violations cost $15,625, which is OSHA's maximum fine for an on-site work violation. The two fines combined are $31,250.
Cirque du Soleil appealed the fines on Nov. 21. According to OSHA officials, a fact-finding hearing with the OSHA Review Board will be scheduled and conducted. A decision will then be handed down based on evidence provided at the hearing.
At the time, Cirque du Soleil sent the following statement to Channel 13.
"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. We have validated that our health and safety standards are comprehensive in our unique industry and we will continue a vigilant focus on our commitment to a healthy and safe work environment for all."
Channel 13 reached out to Mitrione's representatives and Cirque du Soleil about this lawsuit.
Mitrione's reps declined to comment at this time. We have not heard back from Cirque du Soleil, as of Saturday afternoon.
