Posted on 08/23/2008 6:27:49 PM PDT by My Favorite Headache
Ritz-Carlton settles lawsuit with Rush guitarist and son
The lawsuit was dismissed by a federal judge last week after attorneys for the hotel and Justin Zivojinovich agreed to a confidential settlement By AISLING SWIFT Naples Daily News
Justin Zivojinovich
Daily News file photo
Rush guitarist Alex Zivojinovich, whose stage name is Alex Lifeson, speaks to the media after being released from the Collier County jail in January 2004. Zivojinovichs shirt is covered with his blood from what he said was a broken nose he suffered during his arrest New Years Eve at The Ritz-Carlton, Naples. On the left is longtime Rush fan Lance Moore, who was on vacation in Naples from Maryland.
Alex Zivojinovich playing at a Rush concert at the Sound Advice Theater in West Palm Beach. Michel Fortier/Staff
NAPLES A federal judge has dismissed a lawsuit involving a rock band Rush guitarists son who was punched and hit with Tasers at a 2003 New Years Eve party at the Ritz-Carlton, Naples, after attorneys agreed to a settlement.
U.S. District Judge John E. Steele, who sits in Fort Myers, recently dismissed the lawsuit.
He did so on the same day attorneys for Alex Zivojinovich best known as guitarist Alex Lifeson Zivojinovichs son, Justin, and the hotel and its night manager filed a notice of settlement involving events at a $500-a-plate, black-tie party that rang in 2004.
Attorney Michael R.N. McDonnell of Naples, who represented Zivojinovich, declined comment, saying only, Its resolved. Everything is confidential.
Attorney Judith Mercier of Fort Lauderdale, who represented the beachfront Ritz-Carlton in North Naples, and night-shift manager Frank Barner, havent been available to comment.
The settlement comes four months after the U.S. Court of Appeals for the 11th Circuit ruled on April 23 that a jury must decide whether statements made by Barner set off a series of events that caused injuries to Zivojinovich.
Other claims by Alex Zivojinovich and Justins wife, Michelle, who had been plaintiffs, werent reinstated by the appeal court.
Three Collier County Sheriffs Office deputies named in the lawsuit Amy Stanford, Christopher Knott and Scott Russell were fully cleared when U.S. District Judge Paul A. Magnuson, sitting in Fort Myers, dismissed the Zivojinoviches lawsuit on April 5, 2007.
He ruled Collier County Sheriffs deputies didnt use excessive force when they used Tasers against the guitarist and his son, and punched the father, breaking his nose, and that the hotel and Barner werent negligent.
But the three-justice appeals panel overturned part of that ruling, finding that Justin Zivojinovichs claim should be heard by a federal jury.
The judges ruled that when Barner and front-desk employee Azure Sorrell exaggerated what was occurring to a 911 dispatcher, and when Barner then lied to deputy Knott, they knowingly put Justin Zivojinovich at greater risk of physical injury.
They also ruled Sorrell breached her duty under the law when she said disorderly people were trashing the place, jumping on furniture, and ripping things apart because that was untrue.
By exaggerating the severity of Justin Zivojinovichs misbehavior, the judges ruled, she increased the risk that the deputies would use force to remove him from the hotel.
And, they ruled, when the Ritz sold Justin Zivojinovich a ticket to the New Years Eve dinner, the hotel had a duty to its guests to protect Zivojinovich from harm due to reasonably foreseeable risks of injury.
Court records provide this account:
Justin Zivojinovich was dancing boisterously and twice got on stage, where bands were playing at one point asking the audience to cheer the band. The second time, his father jumped on stage with him, playing a conga drum.
Later, at 11:15 p.m., when Justin Zivojinovich began dancing with a male friend, Barner radioed the front desk, asking Sorrell to phone the Collier County Sheriffs Office to have him escorted out and to issue a trespass warning.
Sorrell called 911 and when asked if weapons were involved, she said she was worried because deputies werent responding.
To ensure they had all the information, Barner also called a dispatcher to say two disorderly people were screaming and yelling, jumping on stage, commandeering the bandstand, and giving band members a hard time.
He said hed warned Justin Zivojinovich, but he yelled back, cursing and carrying on. At the time, however, Barner hadnt even spoken with Zivojinovich.
Deputies Knott, Russell and Stanford arrived and Barner exaggerated the events, claiming Justin Zivojinovich cursed and yelled when asked to leave the stage. As his son was escorted out, Alex Zivojinovich pleaded with deputies, saying it was New Years Eve and they hadnt done anything. He asked that his son be allowed to leave.
Stanford warned the father to stand back and later pulled Justin Zivojinovichs right arm up, prompting him to scream she was hurting him. As they entered a stairway, he pulled his arm away, straightening it. Knott pushed him, causing Zivojinovich and Stanford to fall down the stairs, where Zivojinovich landed on his chest and Stanford fell on him.
A struggle ensued, with deputies using Tasers and Stanford hitting the elder Zivojinovichs face, and Russell punching him and breaking his nose.
The father and son were arrested on a felony charge of resisting arrest with violence, but pleaded to a misdemeanor resisting charge and were sentenced to probation. A misdemeanor resisting charge filed against Michelle Zivojinovich was dismissed.
In a separate lawsuit filed in Collier Circuit Court, Stanford sued Alex Zivojinovich in July 2005, citing permanent and progressive injuries that included neurological and dental damage that required implants.
She and her attorney, Paul Finizio of Fort Lauderdale, went through mediation with Zivojinovich and attorney Paul Weekley, but reached a total impasse in February. In March, court records show, they settled and Zivojinovich paid her $75,000 for her injuries.
Stanfords signed release of claims says the settlement is the compromise of a doubtful and disputed claim and that the payment is not to be construed as an admission of liability on the part of Zivojinovich.
Although it wasnt sealed in the court file, the three-page release says the terms are confidential and not to be disclosed to the public or media without consent of the parties involved. Finizio declined comment, citing the confidentiality clause.
Hmmm~!
Most hotel managers would have some other option available to them to deal with such problems earlier.
I don't know that they thought the cops would taze and beat people though ~ but New Year's Eve, doing overtime, not home with family, and called to an expensive party at a hotel ~ no doubt this was a real delight to the other folks who'd paid $500 a plate.
Bet they cheered(NOT).
Hmmm~!
Most hotel managers would have some other option available to them to deal with such problems earlier.
I don't know that they thought the cops would taze and beat people though ~ but New Year's Eve, doing overtime, not home with family, and called to an expensive party at a hotel ~ no doubt this was a real delight to the other folks who'd paid $500 a plate.
Bet they cheered(NOT).
Don't know why I quoted that song. Just seemed the thing to do.
There is trouble in the forest, there is trouble with the trees, for the maples want more sunlight, and the oaks taser them to their knees.
Lol!
If I paid $500 for dinner and had to listen to anything having anything to do with Rush, I’d call the cops too!
The best drummer in rock (Peart), one of the best bassists and composers, (Lee), innovative, top 10 guitarist (Lifeson), a group that has spanned 4 decades and inspired some of the most dedicated fans I have ever seen. Yep, I see your point.
Weak sauce you pour sir, weak sauce.
Gotta wonder how much the Ritz paid the family off to keep their name out of the headlines for the next year if a trial had gone on.
I don’t care how much talent some fictional rankings say they have, I don’t enjoy the product.
The Grateful Dead had dedicated fans and they sucked too (IMO).
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