This court is well aware of the suffering that a hearing loss and related conditions such as tinnitus can cause. However, in the final analysis, whether concerts are "too loud" should be decided by the Legislature[5] or the marketplace,[6] not by the courts. Litigation by an "eggshell ear" plaintiff is not an appropriate means to impose an unlegislated noise code upon performers who want to perform a certain way, and their legions of screaming fans, who want them to do just that. Lawyers learn in law school that a plaintiff with an "eggshell skull" can collect from an assailant who inflicts a slight blow to the head. However, the instant plaintiff is in the position of an "eggshell skull plaintiff" who chose to stand in a thunderous hailstorm, and who, unfortunately, cannot now be heard to complain.