box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
Old Timer Sues for Loud Rock Show
Highest Court New York Supreme Court
Year Ended 2003
Plaintiffs Concert Attendee(s)
Defendants Concert Promoter(s)
Fogerty, John
Other No Other parties on file
Short Description Here's one for record books. Plainitff is 50-year-old attorney who allegedly attended his fair share of rock concerts back in the day. However, he swears, none of them were ever as loud as was the John Fogerty show he'd recently attended at the Hammerstein Ballroom in New York. After asking numerous concert employees to turn the loud concert down, Plaintiff left the gig and sued the concert promoter, proprietor, and John Fogerty himself for permanent hearing damage. Noting this to be the only case of its kind in the history of rock n' roll, the court tried to feign sympathy, but found Plaintiff's complaint absurd. Not only did Defendants have no duty to observe specific volume levels, they had no notice of which volumes would be considered too loud. (The amps go to 11 for a reason, after all). Furthermore, by attending and staying through much of the concert, Plaintiff clearly assumed the risk, even if he left early. Nothing in the complaint states anything valid. It's a pretty great case though. - LSW

Legal Issues
Torts Affirmative Defenses Assumption of Risk
  Negligence Personal & Emotional Injury

Opinions Powell v. Metropolitan Entertainment Co., Inc.
762 N.Y.S.2d 782
New York Supreme Court , April 24, 2003 ( _ )

Powell v. Metropolitan Entertainment Co., Inc.
792 N.Y.S.2d 326
New York Supreme Court, Appellate Division , March 22, 2005 ( _ )

Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.

Related Searches Parties
Concert Attendee(s) ( Plaintiff )
Concert Promoter(s) ( Defendant )
Fogerty, John ( Defendant )

Legal Issues
Torts / Affirmative Defenses / Assumption of Risk
Torts / Negligence / Personal & Emotional Injury

New York Supreme Court (highest court)
New York Supreme Court, Appellate Division

permalink to this entry