Suit by worker against Cirque du Soleil is set for trial

David Kihara

Thursday, June 30, 2005 | 9:50 a.m.

A lawsuit filed by a man who suffered serious injuries when he was crushed by a 1,000-pound prop from Cirque du Soleil's "O" show at the Bellagio is set to go to trial this week.

Mark Brown, who works as an electrician at the Bellagio, was injured on Jan. 30, 2002, when the 14-foot long prop fell 50 feet onto him, said James Crockett, his attorney. The suit alleges that Cirque du Soleil negligently or defectively designed the prop, known as the "mask," and that the alleged defect caused it to fall on Brown.

Crockett 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 Crockett declined to comment on how much Brown was asking for in damages, he said that Brown needs about $10 million for medical bills and pay lost because he has been out of work.

The case has inched along since the original complaint was filed in April 2002. Opening arguments are expected to start today or Friday.

Brown was injured when he was performing maintenance and repair work on the ground level of the "O" showroom. The show was not in session.

A prop -- which looks similar to an enormous alligator's head -- was suspended above Brown and fell about 50 feet onto him, crushing him and causing "serious and catastrophic injuries," according to the complaint.

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

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

The court papers did not go into detail about how Brown was or could be at fault and Cirque du Soleil's attorneys on Wednesday declined to comment.

Through his attorney Brown declined to comment.

However, his injuries were clear to the 61 potential jurors. Brown reportedly lost 25 percent of his skull in the accident and his injuries to his head were still visible during the jury proceeding.

According to a neuropsychologist's report entered into the court record, Brown has been suicidal and continues to suffer intense pain. The neuropsychologist, Thomas F. Kinsora, wrote that Brown "relies on Percocet to cut some of the pain's edge, but even that isn't working well."

"To say the least, Mark is discouraged and vaccilates (sic) between hopelessness and thoughts of suicide, and weak attempts to force himself to carve out a small experience that will keep him positive," Kinsora wrote on April 20, 2005.