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Thread started 07/24/02 12:38pm

jseven

Prince to be in Boston Thursday July 25th?? Boston Court that is

The Enterprise Archives




July 23, 2002
Easton woman blames hearing loss on Prince, sues musician By Elaine Allegrini, Enterprise staff writer BROCKTON — The last time Donna Avellino of Easton saw rock musician Prince, he was performing on a Boston stage. But if the two appear in the same room Thursday, he is not likely to be singing. Prince is a defendant in a Brockton District Court lawsuit brought by Avellino, who says she lost her hearing at his concert at the FleetCenter on June 18, 1997.

He is one of three defendants in the case, along with BACI Management, the Boston company that promoted the concert, and New Boston Garden Corp., which does business as the FleetCenter. Though court officials did not confirm it, "We're told Prince will be here," Avellino's attorney, Lewis Victor of Brockton, said Monday. My understanding is that he's actually coming." Victor said he is surprised Prince would come to court because he is denying, through his attorney, responsibility for Avellino's hearing loss. Prince is represented by attorney Jerry Blackwell of Minneapolis, who did not respond to a request for comments. According to Victor, Avellino, now 44, filed suit in 1999 in superior court, but the case was sent to district court in a procedural move.


District court does not provide for jury trials in civil cases, so the case will be heard by a single judge. Avellino noticed a problem with her hearing as she and her husband, Steven Avellino, left the concert at the FleetCenter five years ago, Victor said. Prince was the primary act, appearing with his band for a concert that lasted about three hours, he said. "She noticed upon leaving a ringing in her hears, a tinitus and loss of hearing and a loss of equilibrium," he said. "She waited a few days to see if it would just go away, and it didn't." He said Avellino went for medical tests, and in ensuing weeks was diagnosed with a profound hearing loss in both ears. She now wears hearing aids. "When you go to a rock concert, you're going to have a good time, not to lose your hearing," said Victor, who noted that hearing loss is a danger, especially in aging people. Avellino believes rock stars have a duty to their fans to warn them of the possible consequences of loud music.

Victor said he expects Prince will be called as a witness for the defense during Thursday's trial. He expects the trial will be completed in one day. Avellino, a physical therapist, is seeking unspecified monetary damages in the lawsuit, according to Victor. She also wants to establish the precedent for notification or warning that loud music among other loud noises can result in a profound hearing loss, he said. Victor said there is no case law on the subject, but there are unrecorded cases in California and France. "It's kind of new ground," said Victor. "We're proceeding under the rules of ordinary negligence, common law," he said. "This is of particular interest because he's a rock star." A district court officer referred questions about Prince's possible appearance to a judge who was unavailable. Elaine Allegrini can be reached at eallegrini@enterprisenews.com
[This message was edited Wed Jul 24 12:38:36 PDT 2002 by jseven]
Silence Speaks A Thousand Words.
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Reply #1 posted 07/24/02 12:45pm

PopcornFetus

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jseven said:

She also wants to establish the precedent for notification or warning that loud music among other loud noises can result in a profound hearing loss, he said.


Unbelievable.
Chili Sauce.
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Reply #2 posted 07/24/02 12:47pm

Shorty

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hmm...this is stupid!! I was at this concert (7th row), it wasn't THAT loud!
and who doesn't know that loud music and/or loud noises can damage your hearing...don't blame prince for you stupidity lady! geesh! Poor prince...every body out to get a piece huh?
"not a fan" falloff yeah...ok
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Reply #3 posted 07/24/02 12:47pm

yamomma

Moderator

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Say what?
© 2015 Yamomma®
All Rights Reserved.
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Reply #4 posted 07/24/02 12:51pm

sherri66

Shorty said:

hmm...this is stupid!! I was at this concert (7th row), it wasn't THAT loud!
and who doesn't know that loud music and/or loud noises can damage your hearing...don't blame prince for you stupidity lady! geesh! Poor prince...every body out to get a piece huh?


Shorty, I think that you should go and testify on P's behalf!
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Reply #5 posted 07/24/02 12:54pm

Shorty

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sherri66 said:

Shorty said:

hmm...this is stupid!! I was at this concert (7th row), it wasn't THAT loud!
and who doesn't know that loud music and/or loud noises can damage your hearing...don't blame prince for you stupidity lady! geesh! Poor prince...every body out to get a piece huh?


Shorty, I think that you should go and testify on P's behalf!



I agree!! smile I would do it too...all they gotta do is ask me!
"not a fan" falloff yeah...ok
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Reply #6 posted 07/24/02 12:55pm

Rhapsody

That's a fifteen-twenty minute ride from my house.
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Reply #7 posted 07/24/02 1:06pm

ItaLiNCuTiE

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this ridiculous that woman is after money . its to bad the court house is in the ghetto (Brockton is nasty) prince will never come back to Boston now thanks to this nut ball rolleyes
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Reply #8 posted 07/24/02 1:06pm

schmoopee2

i think she should get a life not a part of princes she bought the ticket. How many other concerts might have contributed to the hearing lose? Wonder what the answer to that one is.
a big fan
If you give love, you will get it back
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Reply #9 posted 07/24/02 1:12pm

Shorty

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LOL now now italiancutie...lets not dis our brockton neighbors...LOL smile
look at all us in here...we should start a NE fan community...ya think? wink
"not a fan" falloff yeah...ok
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Reply #10 posted 07/24/02 1:22pm

ItaLiNCuTiE

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everyone keep telling me to strat up a new england fan club, shorty you and i need to get this strated what do you think
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Reply #11 posted 07/24/02 1:22pm

LadyLove

.
[This message was edited Thu Oct 24 11:55:47 PDT 2002 by LadyLove]
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Reply #12 posted 07/24/02 1:23pm

ItaLiNCuTiE

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damn i mean "start one up "
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Reply #13 posted 07/24/02 1:25pm

marilyn

Is the date correct for this show? June 18th? I thought he played Boston on July 25th, actually I know he did as I was there.

Typical! They can't even get the date right!!!

Pardon me?

I SAID THEY CAN'T EVEN GET THE DATE RIGHT!! SORRY I DON'T MEAN TO SHOUT!! I'M A BIT DEAF ON ACCOUNT OF GOING TO TOO MANY GIGS!!
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Reply #14 posted 07/24/02 1:37pm

JAMIESTARR

What a dumb broad,why do people pull shit like this?
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Reply #15 posted 07/24/02 1:38pm

sag10

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Shorty you go get em gurl!

Hey to LadyLove!
^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^
Being happy doesn't mean that everything is perfect, it means you've decided to look beyond the imperfections... unknown
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Reply #16 posted 07/24/02 1:47pm

ItaLiNCuTiE

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I'm going to try to get out of work so I can go see what this woman looks like . she's from Easton that means she has a pole up her but anyway . my be the court will let me give my testimony I've been going to his shows for years and my hearing is fine
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Reply #17 posted 07/24/02 1:49pm

Rhapsody

Italiancutie, Ghetto? Brockton is nasty? When is the last time you've been to Brockton?
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Reply #18 posted 07/24/02 1:53pm

IceNine

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What would Rocky "THE BROCKTON BLOCKBUSTER" Marciano think about you guys putting Brockton down???

Go to the site and repent for your unjust remarks, please!

http://www.rockymarciano.com/
SUPERJOINT RITUAL - http://www.superjointritual.com
A Lethal Dose of American Hatred
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Reply #19 posted 07/24/02 2:02pm

Shorty

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marilyn said:

Is the date correct for this show? June 18th? I thought he played Boston on July 25th, actually I know he did as I was there.

Typical! They can't even get the date right!!!

Pardon me?

I SAID THEY CAN'T EVEN GET THE DATE RIGHT!! SORRY I DON'T MEAN TO SHOUT!! I'M A BIT DEAF ON ACCOUNT OF GOING TO TOO MANY GIGS!!



oh...good eye..I sure don't remember the exact date but I know I was at that concert...it was my first (Prince)! POP! wink

I think we should Italiancutie! err..how much work is this gonna take? too much I think...LOL nah..we can do it! any volunteers?
Rhapsody...err umm...I can't really tell ya what italiancutie means by her comments...but ahh..I'm sure she's just kidding...right italiancutie? wink (I tried to get you to retract but...you didn't bite)
Hi Sag10, and ladylove smile
"not a fan" falloff yeah...ok
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Reply #20 posted 07/24/02 2:40pm

Rhapsody

Hello Shorty, It's all good. MARILYN THAT WAS FUNNY!. IceNine, that was cool. BROCKTON ROCKS!!!
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Reply #21 posted 07/24/02 3:02pm

LadyLove

(((Shorty & Sag10)))

Hi ladies. wave
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Reply #22 posted 07/24/02 3:13pm

Vagina

Prince shouldn't waste his time showing up to make this NUTS Day. Let her buy a concert ticket or join the Fan Club like the rest of us. Excuse me Madam ,but I've been going to Prince gigs for years and always on top of the speakers if I'm not deaf from his music how can you be? You must have been PRE-DISPOSED to this Condition. How DARE You blame Prince MY HERO of CAUSING you to Become Deaf! You are PATHETIC to want MONETARY DAMAGES from him. YOU should instead "GET A LIFE." I hate people like this they are LEECHES. Fuck YOU! YOU Bitch!
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Reply #23 posted 07/24/02 4:07pm

starr

I wonder if I can get in on this lie. Anyone know of a good ear specialist? I've lost my hearing while listening to Prince too. It's most noticable when I turn the volume down.

Such greed! I can't believe an attorney actually took this case on. I guess she can prove (beyond a shadow of a doubt) that her hearing was 100% upon arrival at the concert and only 25% upon leaving.

It'll be interesting to hear the judgment.
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Reply #24 posted 07/24/02 4:43pm

catPrince

Prince will win,and i hope she never goes to another Prince concert.
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Reply #25 posted 07/24/02 5:17pm

LadyQ

I get so tired of these people who don't take responsibility for their own actions and seek to profit off just sheer bad luck. You would think everyone knows by now that if they go to a concert, they go at the risk that it's going to be (a) not loud enough, (b) loud or (c) too loud. It was her responsibility to bring ear plugs just in case. She chose to go to the concert. Maybe one day the courts will stop letting b.s. like this go through and help people to realize that sometimes shit just happens and stop trying to profit from it.

LQ
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Reply #26 posted 07/24/02 5:36pm

jessyMD32781

ItaLiNCuTiE said:

she's from Easton that means she has a pole up her but anyway .

lol I know some people from Easton.
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Reply #27 posted 07/24/02 5:39pm

bkw

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Putting my serious hat on for once, I work in personal injury law here in Australia I would say this lady has very minimal chance of being successful.

I would be extremely surprised if Prince was required to give evidence at all.
When I read about the evils of drinking, I gave up reading.
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Reply #28 posted 07/24/02 5:40pm

Zthe9s

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bkw said:

Putting my serious hat on for once, I work in personal injury law here in Australia I would say this lady has very minimal chance of being successful.

But does Prince live in Australia? No! :p
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"Every morning when I awake, the greatest of joys is mine: that of being Zthe9s... "
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Reply #29 posted 07/24/02 5:45pm

bkw

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You got me there!

Why am I sooo stupid? nuts
When I read about the evils of drinking, I gave up reading.
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