{{{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.

everyone wants a piece of the rock, i suppose...i wonder if that chick ever heard of the term caveat emptor...

I think this woman has lost something else besides her hearing ability.

are you kidding me, a disclaimer that rock concerts are loud and could be damaging to your hearing..that's about as brilliant as the caution - this coffee is hot that they put on the mcdonald's cups..good lord where has all the common sense gone? The legal system is corrupt!

questionofu said:

just like i said: caveat emptor.

has she ever heard of earplugs?
geez...maybe i should go to an NSync concert and then sue them for being lousy!
what's next?

Okay, we KNOW our legal system is a joke, but IS IT FUNNY?

This is a shame - my boy gotta get on a plane for this crap...

Ok I've heard everything now!!! Like Calhoun said "we KNOW our legal system is a joke, but IT IS FUNNY?"

We always joke about living in the country of "I sue you", but give me a break.

Common sense tells me I'm going to be exposed to LOUD music if I go to a concert... it's no freaking secret!!!

Much love,
LoLinex

NO WAY she's gonna win. I'm sorry she lost her hearing but she has to take responsibility for herself. You're at a Concert for crying out loud!

So...I should sue the people that made my car stereo, right?

Ridiculous

Blue Cashmere
Don't Play Me

Why didn't I think of this angle before?

She just wanted to see Prince and didn't want to pay $350 to go to the CELEBRATION. Woman do you seriously believe you have a case? You are a dis-illusioned FOOL.

BTW, this doesn't hold up too much if you know about noise-induced hearing loss.

Usually, this type of hearing loss happens over a long period of exposure. In other words, you have to be exposed to noise for far longer than one concert to have any serious hearing loss.

In some cases, the noise is so extremely loud and sudden it results in what I think they call "sudden hearing loss". However, we are talking about something far louder than what you'd be able to tolerate and a proximity to the source of noise that makes the impact particularly traumatic. Most people recover from this within a short period, with maybe mild hearing loss. Jill Scott suffered such an incident two years ago.

The kind of noise it would take would affect most everyone's hearing in the vincinity of this woman.Her husband would also have lost some hearing, for instance... UNlESS she had a pre-existing condition or peculiar sensitivity (some people's hearing are more senstitive than normal).

In any case, I don't think she has just cause.

'Prince is represented by attorney Jerry Blackwell of Minneapolis'

I read this too fast and thought John Blackwell? Drummer and attorney?

Like Prince and J gonna bus' up in the court and tear upa show for that poor woman.

Aerogram said:

still crossing my fingers for you, Aero!

CalhounSq said:

Yeah i just heard of a guy who's sueing MacD, KFC, BK because he claims there the reason he's so FAT

Makes me wonder why nobody else experienced the hearing loss this moron claims happened to her.

4 the love lady...get a life!!

christophertracy1986 said:

i said before and i'll say it again DAMN FANATICS!!! reminds me of the story of the woman who spilled hot coffee on her lap while driving and sued Mcd's she got a few million out of it...but in turn she should be sued for being a moron... u dont drive a car with hot coffee between your legs...

Another frivolous lawsuit :

http://www.foxnews.com/st...52,00.html

This time, someone's suing because they got fat eating fast food every damn day. "You mean those fries can ruin my waistline?"

Note : for some reason, the link is not functional when posted, but paste it in your browser and it will take you there.
[This message was edited Fri Jul 26 3:48:27 PDT 2002 by Aerogram]

Guess this chick never heard of ear plugs.

Good damn she is a M.F. Everybody is sueing everybody for everything in the US. Use your brains, and use ear plugs. No sympathy from me.

U know what - this is really simple. There were thousands of people at that same show this lady was at. How come they're not suing him? I wonder if Prince should laugh now or wait until this lady gets her head on straight...

Prince did not show up but he did win his case - check it out:"As for Prince, Ward said he would not comment on the case."

http://enterprise.southof...news06.txt

I know Ms. Avellino's hearing loss is nothing to joke about, and it's too bad if the story is true... but it's no secret that a concert is going to be loud.

NOW... Where are you creative ones.. I would love to see someone write a parody to this situation using the "court lyrics" to " Hate U"

sovembol said:

sovembol said:

The man has done nothing but his job, that`s keep it real,funky,and keep all of us on a higher level. God bless him and his loud music!!!

sovembol said:

I've never been to a rock concert, but I would think that the lady probably had a ear problem before attending the concert that got triggered from the loud speakers, unless her ear was all up in the speakers, and I really don't think that was the case.

ooohh, should I go and take pics LOL

What does this chick think she's doing? Can the man help it if he is playing music at a concert, and it jsut so happens to be loud? I mean most concerts are loud ya know. People like that just do crazy crap like that to get noticed, and to get money, she knows perfectly well it's not his fault!