{{{http://enterprise.southof...news06.txt Woman loses hearing against Prince
By Elaine Allegrini, Enterprise staff writer

BROCKTON — Prince did not appear in a city courtroom Tuesday, but he still prevailed in a suit brought by an Easton woman who tried to hold the musician responsible for her hearing loss resulting from a FleetCenter concert five years ago.

Donna Avellino, 44, contended the loud music at a July 25, 1997 rock concert caused her to lose hearing in her left ear, but lawyers for defendants Prince, the FleetCenter and BACI Management, the concert promoter, said her case lacked expert testimony and credible evidence.}}}

Judge John P. Connor agreed. After the one-hour trial in Brockton District Court, Connor said there was not enough evidence to prove any of the three defendants was directly responsible for her hearing problems.

Avellino, represented by Brockton attorney Lewis Victor, was disappointed, but said she has no regrets about filing the suit — and she remains a "huge" fan of Prince.

"I'm not at all sorry that I brought the case," Avellino, a respiratory therapist, said after the trial. "I hope it heightens public awareness."

Attorney Damon Ward of Minneapolis represented Prince, and attorney Cory Arter of Lakeville represented the FleetCenter and BACI Management.

Victor argued that the failure to post notice that loud music could adversely affect someone's hearing constituted negligence on behalf of the performer, the promoter and the site management.

Avellino, who attended the concert with her husband, Steven Avellino, said she noticed from the beginning that the music was loud.

"I had no ability to determine how loud it was or that it was having an adverse effect on my hearing," she said. "I could tell you it was loud, but could I tell you that it was damaging my hearing? No. If I did, I wouldn't have stayed."

She and her husband were the only witnesses during the one-hour trial. The defense did not present any witnesses.

Avellino said she stayed for the duration of the concert, nearly two hours. When she was leaving, she said, she noticed problems with her equilibrium and hearing. On the way home, she said she turned the car radio off after raising the volume and determining she could not hear.

Avellino said she continued to experience hearing loss in the following days and made an appointment with her primary care physician.

Meanwhile, she attended a Tina Turner concert at an outdoor setting and reported the music did not sound loud.

Medical tests confirmed a hearing loss, according to Avellino, who was prescribed a hearing aid for her left ear. She said she only wears it on occasion.

Avellino said she has adopted compensatory behaviors to make up for her hearing loss. She said she has learned to lip read and to position herself so co-workers and family members are on her right side, where her hearing is better. The ringing in her ears that was first experienced as she left the concert persists, she added.

Defense attorneys argued that Avellino did not report her hearing loss to the FleetCenter, BACI Management or Prince.

They said she did not have any evidence of the volume of the music and no expert testimony to say the decibel level could be construed as damaging.

There were upwards of 20,000 people at the concert and no one else reported a hearing problem, Arter said.

Avellino's husband testified he had a temporary interruption of hearing after the concert, but it cleared up in a couple of days.

"There is no testimony that this concert was anything other than a loud rock concert," said Arter. She said the defendants were not required to warn of potential harmful effects. Avellino also has a family history of early hearing loss, according to Arter.

Avellino's medical records were presented as evidence and reviewed by Connor during a recess.

Avellino was seeking unspecified monetary damages and wanted to establish a precedent for notification or warning that loud music can result in profound hearing loss.

Though she did not win her case, Avellino said she did get the message out that loud music can be harmful.

The mother of four said she has not eliminated concerts from her entertainment calendar, but she and her family now attend only outdoor concerts.

As for Prince, Ward said he would not comment on the case.

Elaine Allegrini can be reached at eallegrini@enterprisenews.com