Whitesnake Settles $40,000 Lawsuit

Whitesnake Settles $40,000 Lawsuit

Sarah Marie Pittman
Pollstar.com
July 1, 2010

A couple claiming that a 2003 Whitesnake show caused long-term hearing loss has been awarded a $40,000 settlement by the Massachusetts Appeals Court.

The suit was filed by Maryellen and Kevin Burns against Whitesnake, the promoter and venue owner, according to a report written by Noah Schaffer and published on the Massachusetts Lawyers Weekly news blog, The Docket.

The gig in question took place at Boston’s Orpheum Theatre and was part of the band’s “Mmmm … Nice Package” tour, which also featured Scorpions and Dokken.

The plaintiffs said venue staff directed them to new seats closer to the stage – and subsequently closer to a large tower of speakers – because a piece of staging equipment blocked their view from their original seats.

The couple, who represented themselves in Appeals Court, claimed that Whitesnake singer David Coverdale even made a comment about the speakers during the band’s performance, joking, “Is this safe?”

In a statement filed with the court, a hearing loss expert claimed the speakers “had the potential to blast music at a volume anywhere from 2 to 22 times what is considered ‘acceptable exposure’ to the human ear,” according to The Docket.

Maryellen Burns claimed that as a result of Whitesnake’s rockin’ performance, she suffered long-term hearing loss including the shearing of the nerve cells of the cochlea inside her ear.

Besides the subject of hearing loss, apparently another subject discussed in Appeals Court was exactly which genre of music Whitesnake fits into.

In their Appeals Court briefs, the plaintiffs said that Whitesnake shouldn't be classified as a heavy metal band, arguing that the term pigeonholed “Mr. Coverdale’s talented voice …[and] classic rock & blues sound.”

Last month Whitesnake announced its lineup no longer features bassist Uriah Duffy and drummer Chris Frazier, according to Gibson.com. Brian Tichy, a drummer who has played with Billy Idol, Kenny Wayne Shepherd, Foreigner, Velvet Revolver and Seether, has joined Coverdale and the gang. The band is still looking for a new bassist.

Whitesnake also recently released its own wine, The Whitesnake Zinfandel 2008. The wine is described as a “bodacious, cheeky little wine, filled to the brim with the spicy essence of sexy, slippery Snakeyness.” The band recommends “it to complement any and all grown-up friskiness & hot tub jollies.”

What a couple of dipshits.

IMO, this is just another example of people using the courts as a lottery by using litigation to try to gain large sums of money. Common sense has no place here/hear. Sure, any concert-goer knows the music will be loud and should take appropriate precautions, like the band does, but, instead, these people have chosen to blame others for their own neglegence(sp?).

It would be like suing Slayer for getting a broken arm in the mosh pit.

I should sue Kylie Minogue for years of emotional distress.

And trust me, you don't want me to elaborate.

i_luv_miley wrote:I should sue Kylie Minogue for years of emotional distress.

And trust me, you don't want me to elaborate.

Something is tempting me to beg you for more, but I won't.

i_luv_miley wrote:I should sue Kylie Minogue for years of emotional distress.

And trust me, you don't want me to elaborate.

HAHAHA!!! You busted a vein!

Bwah ha ha ha ha ha!!!!!!!!!!!!!!!!

I've had a love-hate "relationship" with Kylie since 1995, when I re-discovered her - having originally discovered her in 1988 while I was in England, and then forgot about her. Anyway since the "re-discovery" I've basically gone through hell and back trying to get her stuff (most of which at that time wasn't available here). Also, in 1999 I found out that Kylie had a sister (also in the business) and of course, I became interested in her too, which culminated in me being able to get an autographed picture of her (Kylie's sister). So yeah, I have some baggage.

Want some Kylie? Here..........

http://thepiratebay.org/search/Kylie%20Minogue/0/7/100

Some in MP3 and some in FLAC. FLAC is cd quality but large files.

TexasBlue wrote:Want some Kylie? Here..........

http://thepiratebay.org/search/Kylie%20Minogue/0/7/100

Some in MP3 and some in FLAC. FLAC is cd quality but large files.

Thanks, but no... With the exception of her latest album (due out tomorrow in America ), I already have everything. Plus, at least in her case (as in others I'm a big fan of), I'm okay with getting the stuff legitimately. Yeah, there's some music that I've downloaded (cough), but I'm one of those who likes having something physical (CD, cassette, vinyl). I figure if I want it bad enough, I'll pay for it.

Getting back on topic... I loved Whitesnake's 1987 album. That was a memorable time in my life and a few of the songs captured the moment. I still can't listen to "Still Of The Night" without losing it.

i_luv_miley wrote:Thanks, but no... With the exception of her latest album (due out tomorrow in America ), I already have everything. Plus, at least in her case (as in others I'm a big fan of), I'm okay with getting the stuff legitimately. Yeah, there's some music that I've downloaded (cough), but I'm one of those who likes having something physical (CD, cassette, vinyl). I figure if I want it bad enough, I'll pay for it.

Sometimes i grab stuff off of there. Being low on money (still no full time job yet), i've grabbed more than normal off there. I always grab FLAC and burn it to disc. There's a great site called Allcovers.com where i can get the covers - front and back - and the insides. I have another program that prints the covers beautifully. When i finish with them you can't tell it's not store bought until you look closely. But then, i'm a perfectionist.

I hate MP3's, btw.

i_luv_miley wrote:Getting back on topic... I loved Whitesnake's 1987 album. That was a memorable time in my life and a few of the songs captured the moment. I still can't listen to "Still Of The Night" without losing it.

Very cool cd. The follow up was lame but ok. I saw them in 1980 with Jethro Tull. Jon Lord and Ian Paice (Deep Purple fame) were part of the band at that point. I also like the stuff prior to the 1987 cd. Very bluesy but not silly.