Deafened by too much Wagner, the viola player who sued Opera House
A LEADING viola player, whose hear- ing was irreparably damaged by loud music during Wagner rehearsals, has won a landmark case against the Royal Opera House.
Christopher Goldscheider, 45, had a successful career that saw him play on stage with Kylie Minogue and the Three Tenors.
But he suffered ‘acoustic shock’ and became unwell after sitting in front of an 18-strong brass section during orchestral rehearsals for a performance of Richard Wagner’s Ring Cycle.
Now, in the first case of its kind, the High Court has ruled in his favour on breach of duty and causation of injury.
The musician could receive more than £1million in damages, as his claim for lost earnings alone is almost £750,000 after giving up playing the instrument. The court heard how Mr Goldscheider, from Bedfordshire, was exposed to an average noise level of 91 decibels during rehearsals in the Covent Garden venue in 2012.
According to court papers, the sound peaked at around 137 decibels, which is roughly the sound of a jet engine. His lawyers said it gave rise to a ‘substantial risk’ of injury, despite wearing ear plugs.
At a previous hearing, he told the court he had lived ‘a fairly quiet existence’ since leaving the opera house and managed his condition by avoiding sounds which caused him pain, such as a noisy restaurant.
His counsel, Theo Huckle QC, said the effects of the injury had ‘seriously diminished his life in all significant respects’.
The levels were being recorded at the time due to previous complaints from members of the orchestra, Mr Goldscheider’s legal team said. The Foundation, which runs the venue, said his condition was not caused by playing in the orchestra.
David Platt QC said the opera house had gone ‘as far and, if anything, further than the reasonable employer’ to reduce noise levels.
But Mrs Justice Nicola Davies said that the Foundation was in breach of a number of the Control of Noise at Work Regulations 2005. She added there had been an ‘inadequate risk assessment’, coupled with ‘a failure to undertake any monitoring of noise levels in the cramped orchestra pit’.
Had the Foundation complied with its statutory duty, Mr Goldscheider would not have been exposed to the level of noise which he was, she said. The judge refused the opera house permission to appeal, although it can still apply directly to the Court of Appeal. Costs are expected to be decided at a future hearing.