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2 Gasparilla Krewes Sued

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By NEIL JOHNSON

njohnson@tampatrib.com

Published: February 10, 2009

TAMPA - A Hillsborough County deputy has sued two Gasparilla krewes, alleging a cannon fired close to his head during a parade in 2005 damaged his hearing and created other health problems.

Deputy Donald Balaban and his wife, Debra, filed the suit against Ye Mystic Krewe of Gasparilla and the Krewe of the Knights of Sant' Yago on Jan. 19. In May, he filed suit against the city of Tampa and EventMakers, the company that organized the parade.

The lawsuit says Balaban was working during a Gasparilla parade on Feb. 12, 2005, when one of the cannons on a float went off nearby.

The report caused a 35 percent loss of hearing in the left ear and 30 percent in the right, his attorney said in a May 2, 2007, letter to Tampa informing the city Balaban intended to file a lawsuit.

Anyone who sues a public body in Florida must give notice of the intent to sue.

Although Balaban could contend with the hearing loss, the cannon shot also caused tinnitus, a constant ringing in his ears that has eroded his concentration, attorney Steven Pyle of Winter Park wrote the city.
Balaban has been receiving some benefits through workers' compensation, but the damage to his hearing is permanent, Pyle wrote.

"Officer Balaban realizes that there are certain dangers inherent with the job that he does," Pyle said. "Of course, being injured by a cannon was not one of the things he had in mind."

If Balaban took medication at the full, recommended strength, he could not pass fitness requirements at the sheriff's office, the letter stated.

Although earplugs are available for deputies working the parades, they are impractical because officers need to hear the radio or people asking for help, said J.D. Callaway, sheriff's office spokesman.

There are no requirements on how far deputies must stay away from the floats and cannons, Callaway said, because they have to maneuver along the parade route.

The letter to the city said the diminished ability to concentrate also has cost Balaban income as a part-time options trader.

The lawsuits ask for damages of more than $15,000, the minimum for a case filed in circuit court.

Jim Tarbet, executive officer with Ye Mystic Krewe of Gasparilla, declined to comment on the lawsuits.

Others named in the lawsuits could not be reached for comment.
Balaban was about 3 feet from the cannon when it discharged, Pyle said. He did not know whether guidelines exist for how close the cannons can be fired to people nearby or if the device is too powerful.

"It may be both," he said.

News Channel 8 reporter Josh Thomas contributed to this report. Reporter Neil Johnson can be reached at (813) 259-7731.

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