Woman suing drum shop over claims cymbal strike caused tinnitus

A woman is suing a drum shop for £20,000 damages after she claims she developed tinnitus when a cymbal was struck as she was visiting to buy earplugs for her son. Dorothy Brannigan, 54, maintains that she became aware of pain in both ears immediately after leaving RWJ Drum Store in Perth, Scotland. She claims that as she was getting ready to leave, owner Kevin Smith struck a large cymbal with force at least twice, allegedly to demonstrate the effects of the condition.

In the action it is said she told Mr Smith that her son, who was taking a sound engineering course, had been suffering from the condition and his doctor had advised he use ear protection. She maintains that having made her purchase she turned and walked towards the door of the shop on February 15, 2011. But she alleges Mr Smith shouted for her to wait and walked towards her holding a drum stick and cymbal. Her counsel Stephen Laing said: "He lifted the cymbal up to around level with the pursuer's ear with his arm outstretched. The cymbal was approximately four to five feet away from the pursuer's ear.



"Without giving the pursuer warning the defender proceeded to strike the cymbal with force at least twice producing a sudden loud, high-pitched, bell-like sound that resonated towards the pursuer and had a long sustain. There was approximately 15 seconds between each strike with force upon the cymbal. He said to the pursuer: 'Imagine that all the time'." Ms Brannigan, of Perth, said that after she got home she became aware of ringing in her ears which became louder over the following weeks. She tried to go to her work as a nursery assistant but struggled because the noise aggravated her tinnitus and the condition made it hard for her to sleep.

The court also heard that she bought custom made ear plugs which she wore constantly at work for two years. Mr Laing said his client's hearing has returned to normal but the tinnitus persists and she avoids noisy surroundings. She uses ear plugs when carrying out tasks such as vacuuming or using a blender and when going to the hairdresser or dentist. He added that she is anxious about flying as she had found that increases the volume of the tinnitus. Ms Brannigan is seeking compensation for her pain and suffering and various expenses. It is claimed by Mr Smith's lawyers that he is not liable in the action and the sum sued for is excessive.