| Professor sues Smashing Pumpkins for alleged hearing
loss after show
By SONIA FERNANDEZ
usic professor Peter Jeffery is suing The Smashing Pumpkins, as well
as a host of other organizations, for alleged damage inflicted on his hearing
at a rock concert he attended two years ago.
Because Jeffery prefers Gregorian chants and folk music, he had never
attended a rock concert, his attorney Anthony Wallace said. As a result,
he did not expect the decibel intensity he experienced when he took his
12-year-old son to a Smashing Pumpkins show Jan. 25 1997. Jeffery alleges
that his hearing was permanently damaged and that he now suffers from tenitis,
a condition resulting in a constant ringing in his left ear, Wallace said.
Jeffery filed a lawsuit Tuesday against the Smashing Pumpkins, their
label Virgin Records and the two opening bands, Fountains of Wayne and
The Frogs. The lawsuit is also directed at the New Haven Coliseum, where
the concert was held, the city of New Haven itself and the concert promoter,
Metropolitan Entertainment Co.
According to Wallace, Jeffery took his son and a friend of his son's
to the concert under the impression that there was a parent room where
he could wait outside. Once there, he discovered that the 'parent room'
was being used as a dressing room for Fountains of Wayne, Wallace said.
Stop the noise
Wallace said Jeffery decided to go into the concert and tell his son
that he would wait for him outside. He purchased a ticket and entered the
concert after putting in the ear plugs he had brought with him to the arena.
On his way out, Wallace said, Jeffery experienced a sharp pain in his
left ear and dizziness throughout the night. His doctor explained that
Jeffery had suffered hearing loss and was diagnosed with tenitis, which
he will have for the rest of his life, Wallace said.
Wallace added that the volume of the concert may not affect all people
the same way. "As you get older your ears can't take the pounding," he
said.
To illustrate the danger of such loud sounds, Wallace cited Occupational
Safety and Health Administration regulations, which recommend against exposure
to more than 85 decibels of noise during eight hours in the work place.
"Every five decibels you go over cuts into the time you can withstand [the
sound]. The concert was approximately 125 decibels," Wallace said.
According to OSHA regulations, hearing could be impaired by such intense
sound after eight-and-a-half to 20 minutes.
The ear-plug manufacturer is also targeted in the lawsuit. "The ear
plugs were purchased from a catalog. They were touted as protection against
loud music," Wallace said.
Because of the nature of his job, Jeffery needs precise hearing and
fears that his work and research will be affected, according to Wallace.
He is asking for monetary damages, but Wallace said what he really wants
"is to send a message out there to the youth of America and their parents
that the danger of hearing loss is real. We do choose to listen, but does
a 14-year-old understand the danger that lurks in a concert? They don't
know."
Wallace suggested changes to concerts, including a warning on the ticket
and a greater awareness of the problem in the music industry.
Atlantic Records, Fountains of Wayne's label, declined to comment. The
other defendants were not available for comment yesterday. |