Ritz-Carlton Settles Lawsuit With RUSH Guitarist’s Son

August 23, 2008, 16 years ago

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According to Naplesnews.com, a federal judge has dismissed a lawsuit involving rock band RUSH guitarist’s son who was punched and hit with Tasers at a 2003 New Year’s 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 — Zivojinovich’s 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, “It’s 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, haven’t 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 Justin’s wife, Michelle, who had been plaintiffs, weren’t reinstated by the appeal court.

Three Collier County Sheriff’s 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 Sheriff’s deputies didn’t 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 weren’t negligent.

But the three-justice appeals panel overturned part of that ruling, finding that Justin Zivojinovich’s 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 Zivojinovich’s 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 Year’s Eve dinner, the hotel had a duty to its guests to protect Zivojinovich from harm due to reasonably foreseeable risks of injury.

Read more here.


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