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]

Get a life lady. You ever heard of wearing ear plugs to concerts?

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!