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]

jseven said:

Unbelievable.

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?

Say what?

Shorty said:

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

sherri66 said:

I agree!! I would do it too...all they gotta do is ask me!

That's a fifteen-twenty minute ride from my house.

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

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

LOL now now italiancutie...lets not dis our brockton neighbors...LOL
look at all us in here...we should start a NE fan community...ya think?

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

.
[This message was edited Thu Oct 24 11:55:47 PDT 2002 by LadyLove]

damn i mean "start one up "

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!!

What a dumb broad,why do people pull shit like this?

Shorty you go get em gurl!

Hey to LadyLove!

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

Italiancutie, Ghetto? Brockton is nasty? When is the last time you've been to Brockton?

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/

marilyn said:

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!

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? (I tried to get you to retract but...you didn't bite)
Hi Sag10, and ladylove

Hello Shorty, It's all good. MARILYN THAT WAS FUNNY!. IceNine, that was cool. BROCKTON ROCKS!!!

(((Shorty & Sag10)))

Hi ladies.

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!

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.

Prince will win,and i hope she never goes to another Prince concert.

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

ItaLiNCuTiE said:

I know some people from Easton.

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.

bkw said:

But does Prince live in Australia? No! :p

You got me there!

Why am I sooo stupid?