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Stabroek News

Patrons mull lawsuit against Jazz and Blues promoters
published: Tuesday | January 29, 2008

The widely anticipated Air Jamaica Jazz and Blues Festival has come and gone, leaving behind a sour taste in the mouths of many fans, who are still seething over the fact that the Supreme diva, Diana Ross, was present, but could not be seen.

Many individuals who turned out for the event's final night on Saturday were disappointed when Ross' management team instructed organisers to turn off all the big-screen televisions strategically placed inside the venue during her performance.

The issue at hand for many patrons is that they believe they were duped by the promoters of the event, as they did not get what they paid for. Some disgruntled patrons are therefore considering bringing a lawsuit against the promoters.

However, one lawyer advises that a lawsuit against the promoters in such an instance would be complicated.

He said that, in such a case, it would be difficult for patrons who felt Ross' performance did not meet their expectations to bring a suit against the promoters as the concert organisers did, as far as is known, carry out their obligations.

"The contract that the promoters have with the patrons is that they provide what they advertise, and they did. The fact is, Diana Ross was in Jamaica, she was on stage, and she delivered a performance," he explained.

"Even if all a member of the audience was able to see was a speck, or if the sound was muffled and they could hardly hear what the performer was saying, the fact still remains that she was there, and she performed."

The lawyer said whether this was to the satisfaction of the patrons is a different story. If concertgoers can prove that the impairment was sufficiently severe, to the extent where no reasonable person could say they got a performance, there may be grounds for action, he added.

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