BOSTON (CelebrityAccess MediaWire) — A couple of concert-goers will have to be content with their $40,000 settlement from Whitesnake, after an appeals court declined to modify the judgement.
The original settlement stemmed from a lawsuit filed against Whitesnake by Maryellen and Kevin Burns, over a 2003 concert at Boston’s Orpheum Theatre, where the Burns alleged that Maryellen's hearing was damaged.
According to a report in The Docket, the Burns attended the concert and after discovering that their seats had an obstructed view of the stage, were moved to new seats, which happened to be close to the speaker stacks. A hearing expert noted in a statement filed with the court that the speakers produced volume levels anywhere from 2 to 22 times what is considered "acceptable exposure" to the human ear.
Maryellen Burns asserted that the proximity to the speakers left her with long-term hearing damage, including a shearing of nerves of the cochlea inside her ear. A judge awarded the couple a settlement of $40,000, which they unsuccessfully appealed.
According to The Docket, the appeals court found that the Burns, who chose to represent themselves (pro se), had "not provided any coherent reason" to modify the judgement. The couple's objection to the court's classification of Whitesnake as heavy metal because such a definition tended to pigeonhole "Mr. Coverdale’s talented voice …[and] classic rock & blues sound" was not addressed by the court.
Whitesnake also announced that two of their members were taking leave of the band. According to a post on the band's website, bassist Uriah Duffy and drummer Chris Frazier have both chosen to pursue career opportunities elsewhere.
"One never enters into a relationship expecting it to end, but, as in other avenues of life, these things happen…Often it is not necessarily any one persons fault, it just unfolds that the relationship has naturally run it's course…I really wish Chris & Uriah well in everything they do…they are great guys & exceptional musicians…"
While the search for a new bassist is on, they have already replaced Frazier on the kit with Brian Tichy. Tichy's previous exprience includes stints with Foreigner, Ozzy, Pride & Glory and Billy Idol. – CelebrityAccess Staff Writers