People have to take responsibility for their own actions!
Nomen Nescio
things they brought on themselves. We suppose RICO Raytardo
would think that Fogerty is a criminal for playing too loudly,
but a JUDGE said otherwise.
Judge Dismisses Suit Over Fogerty Show
Apr 29, 1:57 PM (ET)
By The Associated Press
NEW YORK (AP) - A Manhattan judge has turned a deaf ear to a
lawyer's complaint that he suffered hearing damage because of
an "unreasonably loud" rock concert by singer and songwriter
John Fogerty, formerly of Creedence Clearwater Revival.
State Supreme Court Justice Martin Schoenfeld dismissed a
lawsuit that had been filed by Jeffrey Powell, 56, saying
Powell assumed the risk of hearing damage when he attended
the concert in the Manhattan Center on West 34th Street on
June 2, 1997.
Powell, a personal injury lawyer from Jericho, N.Y., said in
a $5 million lawsuit filed in 1998 that he "was caused to
suffer a profound loss of hearing in his left ear" because
of the "unsafe levels of noise" at Fogerty's concert.
The judge said Powell claimed the noise level was intolerable
after the concert started and he retreated to an area outside
the ballroom. His companions also found the music too loud and
stuffed tissue or their fingers into their ears, the judge said.
But the judge said the fact that loud music can cause hearing
impairment is "perfectly obvious" and "commonly appreciated."
Powell had acknowledged that he had experienced ringing in his
ears after previous loud concerts, the judge noted.
"An objective, reasonable 51-year-old lawyer, particularly one
who has experienced ringing in his ears after prior concerts,
would know that loud music can cause hearing impairment," the
judge wrote in an eight-page decision made public Monday.
A woman who answered the telephone at Powell's office Monday
said he was unavailable for comment.
Fogerty's representative Bob Merlis said the singer could not
immediately be reached for comment. He said Fogerty's management
team was not aware of the case.
-----
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