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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 ( _ )


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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

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


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