Anyone toiling away in today’s workplace is familiar with the on-going nuisance of background noise, something that technology has only made worse.  In days gone by, office workers often begrudgingly put up with the overheard loud phone call and the less than tactful hallway conversation. While those nuisances remain, workers are now also blasted by cell phones that ring, BlackBerrys that hum, and all sorts of other gadgets that beep and blink.

 

News from the Big Apple now suggests that workers should beware about the nuisance noises they make.  At a minimum, they should be aware that at least one jury failed to find fault with a person who became a nuisance noise vigilante, eliminating it while being less than polite.

 

The case started in a gym.  According to all accounts, late last summer, Mr. Stuart Sugarman, a partner at an investment firm, attended a spin class at a local health club.  Throughout some part of that class, Mr. Sugarman yelled things like, “You go, girl!” and “Good burn.”  Another gym member, Christopher Carter, testified that on two occasions he asked gym instructors to quiet Mr. Sugarman.  After Mr. Sugarman continued, harsh words were exchanged.  Witnesses later reported that Mr. Carter eventually stormed over to Mr. Sugarman’s bike and lifted it, crashing the back of it against a wall.  When the bike dropped, Mr. Sugarman alleged, it did so with sufficient force to cause a herniated disc.

 

Sugarman sued Carter, and on Monday June 2^nd, a group of jurors agreed they could not be certain “beyond a reasonable doubt” that Carter caused Sugarman’s injuries.

 

While Sugarman v. Carter is certainly no landmark case, it may stand as a testament to a growing belief that we should no longer endure plain and unabashed inconsiderate behavior.  Don’t get me wrong.  I don’t condone Carter’s actions.  I do think, however, that we would all be well-served to become much more aware of the nuisance noise we make.  And what to do when someone else makes loud and/or offensive noises?  Storming them is most certainly not the answer.  A polite reminder that their noise is disturbing others, however, may work wonders.