LAS VEGAS, Nev. (FOX5) – A Las Vegas professional aquatic performer and his wife are suing Cirque Du Soleil after the man reportedly suffered “catastrophic” injuries while performing during a new act in his Las Vegas Strip show.
Diver Kyle Mitrione and his wife, Karlolina Melska, filed a complaint in Clark County District Court on April 18, naming Cirque du Soleil America and related companies as defendants. The lawsuit alleges that Cirque rushed a new component of “O,” the show Mitrione performs in at the Bellagio, into production “in a deliberate cost reduction effort.”
The complaint says that the process led to Mitrione suffering a “catastrophic” injury during a performance of the show on or around June 28, 2023. Mitrione reportedly dove and struck a lift in the pool headfirst, causing “severe and permanent injuries including, but not limited to, spinal and neck fractures resulting in complete quadriplegia, neck and orthopedic injuries, neck and spinal surgery,” and more.
General allegations in the complaint explain that performers dive “from various heights up to 60 feet high into parts of the pool that should range from 12-to-17 feet deep. It adds that the “Island,” a new act for the show, was introduced two weeks prior.
The complaint continues by explaining that the new “Island” act requires performers “to dive into the pool while the lifts were being utilized and/or in the vicinity of the diving performers.”
Choreographers would coordinate and sequence the movement of the floating “Island” stage with the underwater technicians and divers in order to prevent a diver from inadvertently striking the lifts.
The filing says that during the two weeks prior to the initial installation of the new act, there were “numerous instances and concerns of divers striking and/or nearly striking the lifts as a result of the show’s choreography being out of sync.”
The plaintiffs say these concerns were raised with Cirque du Soleil but the show was still rushed into production. The filing specifically claims that “the ‘Island’ act was not subject to adequate amounts of ‘show runs,’ which serve as training to simulate live show conditions in order to prevent divers from striking the lifts.”
“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.”
Kyle Mitrione and Karlolina Melska vs. Cirque du Soleil et al, April 18
The complaint explained that stage and underwater technicians received verbal instructions, lighting and sound cues, and musical cues in order to prevent divers from striking the lifts. Mitrione says performers relied solely on musical cues.
“Other than relying upon musical cues, there was no other audio and/or technical cues to advise the diving performers if it was safe to perform their respective dives,” the filing states.
It adds that “numerous individuals” raised concerns with the defendants related to the timing of those cues. A “near-miss incident” was reported six days prior after a diver nearly struck the lifts “as a result of improper maneuvering of the ‘Island’ stage.”
Mitrione says he was forced to dive during the “Island” based only on musical cues, regardless of where lifts were positioned. He alleges that the platform was out of position when he performed a headfirst back-dive on June 28.
He was taken to the hospital by EMS and first responders where he underwent emergency surgery to save his life, according to the filing. Mitrione, 35, was in excellent health and condition.
The filing notes that he continues to suffer “pain, disfigurement, scarring, loss of independence, mental anguish, humiliation, embarrassment, fear, loss of well-being, inability to enjoy the normal pleasures of life, and restrictions on his ability to engage in normal activities and pleasures of life, and other intangible losses” due to the incident.
The suit’s causes of action are Negligence, Negligence of Hiring and Training, and Loss of Consortium. The plaintiffs are seeking compensation for medical care and treatment as well as punitive damages.
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