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His companions also found the music too loud and stuffed tissue or their fingers into their ears, the judge said Y Judge Dismisses Suit Over Fogerty Show Apr 29, 12:57 PM EST A Manhattan judge has turned a deaf ear to a lawyer's complaint that he suffered hearing damage because of an "unreasonably loud" rock concert by singer and songwriter John Fogerty, formerly of Creedence Clearwater Revival , said in a $5 million lawsuit filed in 1998 that he "was caused to suffer a profound loss of hearing in his left ear" because of the "unsafe levels of noise" at Fogerty's concert But the judge said the fact that loud music can cause hearing impairment is "perfectly obvious" and "commonly appreciated Fogerty's representative Bob Merlis said the singer could not immediately be reached for comment He said Fogerty's management team was not aware of the case State Supreme Court Justice Martin Schoenfeld dismissed a lawsuit that had been filed by Jeffrey Powell, 56, saying Powell assumed the risk of hearing damage when he attended the concert in the Manhattan Center on West 34th Street on June 2, 1997 The judge said Powell claimed the noise level was intolerable after the concert started and he retreated to an area outside the ballroom Powell, a personal injury lawyer from Jericho, N A woman who answered the telephone at Powell's office Monday said he was unavailable for comment "An objective, reasonable 51-year-old lawyer, particularly one who has experienced ringing in his ears after prior concerts, would know that loud music can cause hearing impairment," the judge wrote in an eight-page decision made public Monday " Powell had acknowledged that he had experienced ringing in his ears after previous loud concerts, the judge noted Costumes for a Miniseries, Movie or a Special: "Napoleon: Part 2," A&E Lighting Direction (Electronic, Multicamera) for VMC Programming: "75th Annual Academy Awards," ABC Multicamera Sound Mixing for a Series or Special: "Everybody Loves Raymond: She's the One," CBS Music Direction: "75th Annual Academy Awards," ABC M Makeup for a Series (Prosthetic): "Primetime Glick: No Classical Music-Dance Program: "CONTACT (Live From Lincoln Center)," PBS Technical Direction, Camerawork, Video for a Miniseries, Movie or a Special: "Cher â€â€? The Farewell Tour," NBC Multicamera Picture Editing for a Miniseries, Movie or a Special: "AFI's 100 Years Hairstyling for a Series: "American Dreams: I Want to Hold Your Hand," NBC Makeup for a Miniseries, Movie or a Special (Nonprosthetic): "Normal," HBO Casting for a Drama Series: "Six Feet Under," HBO ," Fox Technical Direction, Camerawork, Video for a Series: "Saturday Night Live: Host: Christopher Walken; Musical Guest: Foo Fighters," NBC Guest Actress in a Comedy Series: Christina Applegate, "Friends," NBC Children's Program: "Through a Child's Eyes: September 11, 2001," HBO M Writing for Nonfiction Programming: "American Experience: Seabiscuit," PBS Nonfiction Program Alternative: "Cirque Du Soleil Fire Within," Bravo Single-Camera Sound Mixing for a Miniseries or a Movie: "Live From Baghdad," HBO Special Visual Effects for a Series: "Firefly: Serenity," Fox Single-Camera Picture Editing for a Comedy Series: "Malcolm in the Middle: If Boys Were Girls," Fox Commercial: "Fish," PBS Promo Nonfiction Special Traditional: "Benjamin Franklin," PBS Main Title Design: "Hysterical Blindness," HBO Art Direction for a Multicamera Series: "Will & Grace: 24," NBC Guest Actress in a Drama Series: Alfre Woodard, "The Practice," ABC List of Emmy Creative Arts Winners Sep 14, 1:53 AM EST Here is a list of winners in the creative arts categories of the "55th Annual Primetime Emmy Awards" by the Academy of Television Arts & Sciences: Animated Program Less Than One Hour: "The Simpsons: Three Gays of the Condo," Fox Main Title Theme Music: "Monk," USA Single-Camera Picture Editing for a Miniseries, Movie or a Special: "Live From Baghdad," HBO 11, 2001," HBO Sound Editing for a Series: "CSI: Crime Scene Investigation: Fight Night," CBS Dutton, "Without a Trace," CBS Directing for Nonfiction Programming: "American Experience: The Murder of Emmett Till," PBS â€â€? 11:00 P Cinematography for Nonfiction Programming (Single or Multicamera): "Nova: Mountain of Ice," PBS Single-Camera Picture Editing for a Drama Series: "24: 5:00 A M Makeup for a Series (Nonprosthetic): "Alias: The Counteragent," ABC Nonfiction Series Traditional: "American Masters," PBS â€â€? 6:00 A Music Composition for a Series (Dramatic Underscore): "24: 10:00 P Individual achievement in animation (multiple winners): Dan Krall and Scott Wills, "Samurai Jack," Cartoon Network; Maciek Albrecht, "Through a Child's Eye: Sept Previously announced juried awards given Saturday: Voiceover performance: Hank Azaria, "The Simpsons: Moe Baby Blues," Fox Hairstyling for a Miniseries, Movie or a Special: "Door to Door," TNT Art Direction for a Single-Camera Series: "Without a Trace: Birthday Boy," CBS 301," Comedy Central Art Direction for a Variety or Music Program: "75th Annual Academy Awards," ABC 100 Passions: America's Greatest Love Stories," CBS Cinematography for a Miniseries or Movie: "Out of the Ashes," Showtime Sound Mixing for a Variety or Music Series or Special: "The 45th Annual Grammy Awards," CBS Cinematography for a Multicamera Series: "Will & Grace: Sex, Losers and Videotape," NBC Sound Editing for Nonfiction Programming (Single or Multicamera): "James Cameron's Expedition: Bismarck," Discovery Channel Multicamera Picture Editing for a Series: "Frasier: Rooms With a View," NBC Makeup for a Miniseries, Movie or a Special (Prosthetic): "Door to Door," TNT Single-Camera Sound Mixing for a Series: "ER: Chaos Theory," NBC Cinematography for a Single-Camera Series: "CSI: Miami: The Simple Man," CBS ," Fox Special Visual Effects for a Miniseries, Movie or a Special: "Frank Herbert's Children of Dune: Night 1," Sci Fi Stunt Coordination (two winners): "Alias: The Telling," ABC, and "Fastlane: Asslane," Fox Music and Lyrics: "The Concert for World Children's Day," Song Title: "Aren't They All Our Children," ABC Guest Actor in a Drama Series: Charles S Sound Editing for a Miniseries, Movie or a Special: "Hitler: The Rise of Evil: Night 1," CBS Animated Program One Hour or More: "Chased by Dinosaurs," Discovery Guest Actor in a Comedy Series: Gene Wilder, "Will & Grace," NBC Picture Editing for Nonfiction Programming Single or Multicamera: "Journeys With George," HBO Costumes for a Series: "American Dreams: Where the Boys Are," NBC Art Direction for a Miniseries, Movie or a Special: "Hitler: The Rise of Evil: Part 1," CBS Sound Mixing for Nonfiction Programming (Single or Multicamera): "American Masters: Joni Mitchell: Woman of Heart and Mind," PBS Casting for a Comedy Series: "Sex and the City," HBO Choreography: "Smuckers Stars on Ice," A&E Costumes for a Variety or Music Program: "Cher â€â€? The Farewell Tour," NBC Casting for a Miniseries, Movie or a Special: "Live From Baghdad," HBO M Music Composition for a Miniseries, Movie or a Special (Dramatic Underscore): "Eloise at the Plaza," ABC |
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