Man, Cirque du Soleil settle in last minute

By Matt Pordum

Monday, Aug. 1, 2005 | 9:43 a.m.

If Cirque du Soleil and the man who was seriously injured when one of the company's show props fell on him had not reached a settlement Friday, jurors apparently would have awarded the man about $40 million.

At least that's what some of the jurors were overheard telling lawyers after the nearly five-week-long lawsuit trial ended with the announcement that Cirque du Soleil had agreed to pay 52-year-old Mark Brown of Las Vegas an undisclosed amount. The settlement announcement came just minutes before the jury was to render its verdict in the case.

Brown's lawyers had filed the personal injury civil suit because, they said, he had been crushed and left crippled by a 1,000-pound alligator head prop that was part of Cirque du Soleil's "O" show at the Bellagio in January 2002.

Brown was working as an electrician at the Strip hotel's theater when the 14-foot-long prop, which was 50 feet above him, fell onto him because the rigging for it had been negligently designed by the Canadian acrobatic troupe, said James Crockett, Brown's lawyer.

Crockett had described the case as an example of "profits versus safety." Brown suffered serious injuries to his skull and is paralyzed from the waist down. He remained in a wheelchair during jury selection on Wednesday.

Although the settlement amount was not released it is likely to be more than $10 million because prior to the start of trial Crockett said that Brown needs about $10 million for medical bills and pay lost because he has been out of work. Brown was injured while performing maintenance and repair work on the ground level of the "O" showroom during a break between performances.

Crockett said the prop fell when the fitting mount connecting the prop to the suspension cable failed.

In court documents Cirque du Soleil's attorneys defended the company by stating that the incident was "caused or contributed to by (Brown's) own negligence" and that alleged carelessness was greater than any disregard by Cirque du Soleil.