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Ritz-Carlton settles lawsuit with Rush guitarist’s son
The lawsuit was dismissed by a federal judge last week after attorneys for the hotel and Justin Zivojinovich agreed to a confidential settlement
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. Zivojinovich’s shirt is covered with his blood from what he said was a broken nose he suffered during his arrest New Year’s 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
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NAPLES — A federal judge has dismissed a lawsuit involving a 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.
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 Sheriff’s 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 weren’t 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 he’d warned Justin Zivojinovich, but he yelled back, cursing and carrying on. At the time, however, Barner hadn’t 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 Year’s Eve and they hadn’t done anything. He asked that his son be allowed to leave.
Stanford warned the father to stand back and later pulled Justin Zivojinovich’s 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 Zivojinovich’s 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.
Stanford’s 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 wasn’t 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.
Comments
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Sue, Sue and again Sue. It is not costing you anything but 33 1/3% if you win or settle.
#1 Posted by suntan on August 23, 2008 at 6:22 a.m. (Suggest removal)
The message is out to the jet-set world: Avoid Naples! especially on New Year's Eve. Deputies (and hotel security) there are all descendants of Bull Conner.
How come legal authorities always exonerate the police?
Deputies Knott, Russell and Stanford did nothing wrong? Or all they did do wrong was based on misinformation and so was not their fault. And even wealthy drunks (and wishing well thieves) can't get away with nothing in Naples. After all, the law's the law! Nobody, excepting Mr. Bush, is above it.
I hope the confidential settlement salved the Zivojinovich's wounds with millions. And I hope our police stop using the "southern" model of being a cop.
#2 Posted by dwyerj1 on August 23, 2008 at 6:50 a.m. (Suggest removal)
expect more of the same garbage with Rambosk
#3 Posted by grouper25 on August 23, 2008 at 7:26 a.m. (Suggest removal)
Free Alex!!!
#4 Posted by argument on August 23, 2008 at 7:54 a.m. (Suggest removal)
Don't forget those rockstars have millions.....like rockstars. Hence why this has dragged on for the last 3 years.
Just one big giant spitting contest.
Rich rockstars Vs. county Sheriff and ADA.
And the winner is......
County Sheriff.
Or is it?
Bet no one these rockstars know or associate with will be coming to Naples anytime soon.
#5 Posted by Jadip811 on August 23, 2008 at 7:55 a.m. (Suggest removal)
The same thing happened to Lawrence Welk here years ago. They confiscated his bubble machine!
#6 Posted by cousinjed on August 23, 2008 at 8:32 a.m. (Suggest removal)
Vic will fix it. No deputies dispatched to ANY parties on New Year’s Eve!
#7 Posted by GeeRide on August 23, 2008 at 8:32 a.m. (Suggest removal)
Fly by Knott away from here.
#8 Posted by shwing on August 23, 2008 at 8:44 a.m. (Suggest removal)
If this incident will keep spoiled scum like this away from Naples we're all winners. But, it won't. Naples is one of the most beautiful places on this planet and that's our ace in the hole for survival.
Another thing, how did a wet willie band like Rush ever make enough money to stay at the Ritz? Thought their lead singer was a girl for years. And a girl that couldn't sing on key.
#9 Posted by oldcop007 on August 23, 2008 at 9:30 a.m. (Suggest removal)
Oldcop
Have you ever heard of Neal Peart?
#10 Posted by ASB on August 23, 2008 at 9:50 a.m. (Suggest removal)
Spoiled punk son of a member of Rock and Roll's most annoying band (due to lead singer) and judges, who were lawyers, making other lawyers rich are the problem here. What a waste of time and money. Get a life punk and grow up.
#11 Posted by flahill on August 23, 2008 at 10:01 a.m. (Suggest removal)
Hey ASB, lead singer for RUSH is Geddy Lee. Get your facts right.
#12 Posted by GiantFan on August 23, 2008 at 10:09 a.m. (Suggest removal)
Cutthroat, my generation invented Rock and Roll. And that ain't it. Besides, it's so easy to stir you guy up.
#13 Posted by oldcop007 on August 23, 2008 at 10:16 a.m. (Suggest removal)
ASB, Peart is a great drummer, with a man's voice. They usually won't let him sing.
I'm talking about Geddy Lee. And, Alex has a girl's voice, too. Sounds like the Spice Girls.
#14 Posted by oldcop007 on August 23, 2008 at 10:29 a.m. (Suggest removal)
What part of "fully cleared" and "didn't use excessive force" didn't you comprehend?
#15 Posted by youwilltapout on August 23, 2008 at 11:22 a.m. (Suggest removal)
I wish the deputies did more to Alex Lifeson. That band seriously annoys me. The lead singer sounds like a crying baby.
#16 Posted by SFGrp5 on August 23, 2008 at 11:32 a.m. (Suggest removal)
Let me get this straight. A successful and well-known musician and his son party with the house band. Which, according to reports, is only a problem to the hotel management. Local security and police go berserk, punching and pushing them down stairs. And everyone in town supports the local [good ol'] boys?
#17 Posted by GM on August 23, 2008 at 12:34 p.m. (Suggest removal)
You fricken guys are loopy...RUSH is one of the greatest bands ever....it astounds me that you people would not be able to recognize that...Let me guess, never touched a musical instrument in your life?.....thought so..
as far as settlement goes, I'd say it's a win for the boys in the band....you don't get a judgment reversed and then settle...
#18 Posted by myrealname on August 23, 2008 at 1:04 p.m. (Suggest removal)
Sorry, myrealname, play any string instrument and keyboards. Have perfect pitch. Try again.
#19 Posted by oldcop007 on August 23, 2008 at 1:45 p.m. (Suggest removal)
Right on oldcop007! I love reading postings from Old Naples rednecks like you. Old, useless and grumpy, hate everything. What a wonderful life you must lead. You'd love to see Naples continue living in the generation of your youth when you knocked the crap out of anyone that stepped out of line or when you could keep anyone that didn't think in your ignorant ways out. I've got news for you, there are lots of younguns' that do the same as you. Aren't you proud now? Yeah, I know, you are. Jerk.
#20 Posted by tzrbrnd on August 23, 2008 at 3:01 p.m. (Suggest removal)
Looks like us rockstars/youngins' are taking over your beautiful, prestigious, cocky, snobby-nosed paradise. :) Get used to it!!
Neal Peart FTW. excellent drummer.
#21 Posted by NaplesLocale on August 23, 2008 at 3:21 p.m. (Suggest removal)
CTI-who else is "not wanted here" on your list? I'm curious.
#22 Posted by tzrbrnd on August 23, 2008 at 4:05 p.m. (Suggest removal)
And so stupid too! Wow, you are so cool, CTI. And you can print too. Of course you're untouchable, you coward.
Actually, I love reading postings from guys like this. I can just picture him typing with his one finger, tongue sticking out and laughing gleefully at his own genius. In fact, I'm smiling now.
#23 Posted by tzrbrnd on August 23, 2008 at 4:29 p.m. (Suggest removal)
Attention all planets of the solar federation, we have assumed control, we have assumed control, we have assumed control----2112
#24 Posted by wiggins on August 23, 2008 at 4:30 p.m. (Suggest removal)
Whether you like Rush or not, Neil Peart is one of the top three drummers in the world. Period. All three are outstanding musicians.
#25 Posted by speakwithfacts on August 23, 2008 at 4:31 p.m. (Suggest removal)
speakwfacts...thanks for the fan tribute to your fave drummer of all time.
Really, I appreciate that. Hip, hip, hooray 4 drumming.
Meanwhile, these guys were mistreated, and it was a DIRECT result of the hotel staff's dishonesty.
The Ritz Carlton describes itself as the top of the top hotels, so when this happens, it truly surprises me that this was handled so poorly.
Where was hotel security?
#26 Posted by beetlejuice on August 23, 2008 at 4:42 p.m. (Suggest removal)
Oh brother, talk about self important. Sheesh!
#27 Posted by tzrbrnd on August 23, 2008 at 4:44 p.m. (Suggest removal)
When the truth comes out, things makes sense. Many, including I thought it was a case solely police brutality, but the Ritz Carlton incited the riot and should be blamed too. Maybe Alex and Justin should not have goofed around, but to justify the tasering is out of order. Keep in mind, the settlement for the Zivojinovich is also a stark reminder that the working stiff like you and me, will only lead us to jail. And a friendly reminder to the Collier County Sheriff's Department? Your former governor's brother would LOVE to get rid of your department and put in Blackwater agents in your place. So redo your tactics to protect yourself from being taken over. If you think that this is a bunch of bull, then get rid of your FOP membership and follow the order of the brass. No? Then change you tactics to keep your jobs and stop looking like the Police State Alex Jones is talking about.
#28 Posted by Asian_Rush_Fan on August 23, 2008 at 4:46 p.m. (Suggest removal)
You're right CTI. I'm sorry you're a coward.
This is boring now.
#29 Posted by tzrbrnd on August 23, 2008 at 5:09 p.m. (Suggest removal)
Go easy rationalone.
#30 Posted by tzrbrnd on August 23, 2008 at 5:16 p.m. (Suggest removal)
Thank U asian Rush fan.....the Ritz made it bigger than what it was.
Instead of calling their own internal security force, they decided to call CCSO...who will take things to a WHOLE NEW LEVEL OF SECURITY!
U disagree I'LL SHOCK THEE!
Most possibly....to death...so even inviting CCSO to the party in the first place was not the best idea boys and girls!
The person at the front desk MADE A TERRIBLE DECISION! When I see the blood stained shirt of this victim, I know there was a mistake made.
But no one...including the RUSH family wants to admit the mistake...nor does the Ritz...nor does CCSO....but I did notice a hefty payout to one victim...WITHOUT an admittance of guilt of course.
Whatever happened to an APOLOGY! THE RITZ should say...hey, we're sorry this happened to the victims of this violence! AN APOLOGY should be 2 ALL OF THE VICTIMS!
#31 Posted by beetlejuice on August 23, 2008 at 7:52 p.m. (Suggest removal)
And the men who hold high places
Must be the ones who start
To mold a new reality
Closer to the heart
#32 Posted by wiggins on August 23, 2008 at 10:18 p.m. (Suggest removal)
Sometimes pushing people around
Sometimes pulling out the rug
Sometimes pushing all the buttons
Sometimes pulling out the plug
It's the power and the glory
It's a war in paradise
It's a Cinderella story
On a tumble of the dice
#33 Posted by wiggins on August 23, 2008 at 10:22 p.m. (Suggest removal)
I get home at five o'clock
And I take myself out a nice, cold beer
Always seem to be wonderin'
Why there's nothin' goin' down here
#34 Posted by wiggins on August 23, 2008 at 10:24 p.m. (Suggest removal)
There are those who think
That they were dealt a losing hand
The cards were stacked against them
They weren't born in Lotusland
Allways preordained
A prisoner in chains
A victim of venomous fate
Kicked in the face
You can't pray for a place
In heaven's unearthly estate
#35 Posted by wiggins on August 23, 2008 at 10:35 p.m. (Suggest removal)
He's got to make his own mistakes
And learn to mend the mess he makes
He's old enough to know what's right
But young enough not to choose it
He's noble enough to win the world
But weak enough to lose it
He's a New World Man...
He's a radio receiver
Tuned to factories and farms
He's a writer and arranger
And a young boy bearing arms
He's got a problem with his power
With weapons on patrol
He's got to walk a fine line
And keep his self-control
Trying to save the day for the Old World Man
Trying to pave the way for the Third World Man
He's not concerned with yesterday
He knows constant change is here today
He's noble enough to know what's right
But weak enough not to choose it
He's wise enough to win the world
But fool enough to lose it
He's a New World Man...
#36 Posted by wiggins on August 23, 2008 at 10:40 p.m. (Suggest removal)
'The massive grey walls of the Temples rise from the heart of every Federation city. I
have always been awed by them, to think that every single facet of every life is regulated
and directed from within! Our books, our music, our work and play are all looked after by
the benevolent wisdom of the priests...'
We've taken care of everything
The words you hear, the songs you sing
The pictures that give pleasure to your eyes
It's one for all and all for one
We work together, common sons
Never need to wonder how or why
We are the Priests of the Temples of Syrinx
Our great computers fill the hallowed halls
We are the Priests, of the Temples of Syrinx
All the gifts of life are held within our walls
#37 Posted by wiggins on August 23, 2008 at 11:35 p.m. (Suggest removal)
tzrbrnd... you first comment was great. I couldn't have said it better myself.
rationalone... see http://dictionary.reference.com/brows... . (P.S. it will all be okay!)
#38 Posted by jim09091 on August 23, 2008 at 11:43 p.m. (Suggest removal)
rationalone, although it was funny...tour comments were 2 low!
Ritzy glitzy made a bad decisiony!
#39 Posted by beetlejuice on August 24, 2008 at 12:32 a.m. (Suggest removal)
geeeez I can't spell...YOUR comments were 2 LOW!!!!!!
#40 Posted by beetlejuice on August 24, 2008 at 12:34 a.m. (Suggest removal)
Alcohol does strange things to people.
By all accounts, Justin was not just "partying with the band". He was out of line and being justifiably evicted. Alex is a huge guy and drunk as well. It is not surprising that this party turned into a scuffle-turned into a brawl when the cops arrived.
...and I have been a Rush fan since I was a teenager. I just don't have the blinders on like some of you. Alex and Justin were the problem that was escalated by the Ritz Carlton.
#41 Posted by TruthHurtz on August 24, 2008 at 3:52 a.m. (Suggest removal)
Looks like Amy Stanford Of the CCSO has an MO. She got by with her lies and abuse.. for awhile
See why we need new leadership in the CCSO ???
Only your vote can stop the abuse of the CCSO!
I hope Rush takes the CCSO back to court...
http://www.naplesnews.com/news/2007/a...
#42 Posted by Disney on August 24, 2008 at 2:40 p.m. (Suggest removal)
Disney...U don't seriously hope RUSH goes back to court AGAINST a PUBLIC ENTITY, which your tax dollars will be in for another fight AGAIN.
Ritzy Glitzy was way outta line on this one!
Take the private hotel back to court any day.
#43 Posted by beetlejuice on August 24, 2008 at 3:59 p.m. (Suggest removal)
Disney,
Deputy Stanford seems to have been doing her job. Your comments were out of line. When the election is over, maybe you can apologize to her before crawling back under your rock.
Thanks, and don't forget to vote.
#44 Posted by TruthHurtz on August 26, 2008 at 12:02 a.m. (Suggest removal)
TruthHurtz:
Anyone who knows Deputy Stanford knows she has and has had issues with aggressiveness and control. That is what her performance records show. Keep in mind she cost the CCSO $200,000 in a lawsuit judgment against her. Of course it is being contested as all issues against the CCSO are, regardless of the truth and justice.
She is hardly deserving of any apology. She is deserving, though, of therapy to deal with her issues and I as a taxpayer, have no problem with that.
Yes, don't forget to vote and let's hope the outcome brings needed change.
#45 Posted by tzrbrnd on August 26, 2008 at 9:24 a.m. (Suggest removal)
For those who say, "rockstars behaving like rockstars" and "son of a rich rock strar." You are fools. Do some research. Rush is known for being professional musicians, and NOT acting like the typical drunkin, or drugged out rock star. That is why they have had a 35 year career, instead of dying out after a few years. They are huge in charity events, under the radar to avoid calling attention to themselves. Every magazine article you ever read about Alex, saysthat he a first class guy, and one of the funniest, humble, and most likeable guys you would ever want to meet.
#46 Posted by jazima on August 26, 2008 at 12:32 p.m. (Suggest removal)
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