Tayside and Central Scotland

Woman sues drum shop for £20,000 over tinnitus claim

RWJ drums Image copyright Google
Image caption Mrs Brannigan claims she has suffered from tinnitus since visiting the RWJ Drum Store in 2011

A woman is suing a Perth music shop for £20,000 in damages because she believes she was left with tinnitus after the shop owner hit a large cymbal.

Dorothy Brannigan had gone into RWJ Drum Store to buy earplugs for her son, a student sound engineer, in 2011.

She claims she was left with ringing in her ears after Kevin Smith twice struck a large cymbal six feet away from her.

Mr Smith is contesting the case and a full hearing will take place at the Court of Session.

Mr Brannigan's counsel Stephen Laing told the court the 54-year-old had visited the shop on 15 February 2011 to "buy some earplugs in order to protect her son from tinnitus".

However, she claims she herself was left suffering from the condition after Mr Smith twice struck a cymbal "with force" in an apparent demonstration of how loud it could be.

Mrs Brannigan said she became aware of a ringing in her left ear which became louder, and over the coming days also noticed a ringing in her right ear.

She said her condition had made it difficult for her to sleep. She is anxious about flying and has struggled to go to work as a nursery assistant as the noise aggravated her condition.

She claims to have worn custom ear plugs to work for two years, and is seeking compensation for her pain and suffering.

Mr Smith's lawyers maintain he is not liable, and that the sum sued for is excessive.

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