Posted on 11/11/2005 10:32:27 AM PST by My Favorite Headache
Band members seeking millions over New Year's scuffle
By JOHN HENDERSON, Daily News staff November 11, 2005
Members of the internationally known rock group Rush are seeking "tens of millions of dollars" in federal court from Collier County Sheriff's Office deputies and the Naples hotel where their lead guitarist was involved in a New Year's Eve scuffle.
In an amended complaint recently filed to a civil lawsuit, Alex Zivojinovich's fellow band members could now become plaintiffs in the case, and end up testifying locally in depositions or at trial.
Filed in U.S. District Court in Fort Myers, the amended complaint requests that singer Getty Lee Weinrib and drummer Neil Peart, as well as different Rush management companies, become new plaintiffs.
The lawsuit is seeking damages in excess of $75,000.
Zivojinovich's lawyer Michael McDonnell said the actual damages to the band add up to "tens of millions of dollars."
The amended lawsuit states that the injuries suffered by Zivojinovich at the hands of deputies caused a reduction in the band's touring performances and recording sessions, which resulted in a loss of revenue.
But Richard Giuffreda, a Fort Lauderdale attorney who represents the deputies and is being paid from a Sheriff's Office insurance fund, said the judge in the case would have to allow the other band members to be brought into the case. He expects the judge will, but said that doesn't mean the allegation will be proven.
As court dates continued to change in the criminal case over the last few years, Zivojinovich embarked on an international 30th anniversary tour with Rush, a Canadian-based band that has won international acclaim with hits such as "Tom Sawyer." Under terms of his bond, he was allowed to travel out of the area as part of the tour.
"My only thoughts are that I simply don't know of any evidence of that (loss of band revenue)," Giuffreda said. "You can allege anything you want in America. Ultimately, you have to prove it. Sitting here, I don't know of any evidence to prove it."
Zivojinovich, known on stage as Alex Lifeson, was involved in a scuffle with deputies at the Registry Resort on New Year's Eve 2003.
A Collier sheriff's deputy acknowledged that he punched Zivojinovich in the nose as he was charging up the stairwell of a hotel to go to the aid of his son, who was being zapped with a stun gun. Officers say Justin Zivojinovich became unruly as he got up on the house band platform. The incident occurred in a stairwell as Justin was being escorted from the hotel.
Alex Zivojinovich, who suffered a broken nose and was also zapped with a stun gun several times, is accused of spitting his blood on one deputy and pushing another down a stairwell of the hotel. In a plea deal, he received no jail time and was put on probation. That recently ended early.
"There is unrest in the forest..." indeed.
It's not nice to beat on old people.
"They call me the non-working man, that's what I am"
Lefty rockers trying to milk the system. Bet they don't give it all away to charity.
For a Canadian, you are quite clueless about Rush's political views, aren't you?
Or is it that you think all rock musicians are "lefties"?
They were framed, by the Priests of the Temples of Syrinx.
A modern-day warrior
Mean mean stride,
Today’s tom sawyer
Mean mean pride.
Though his mind is not for rent,
Don’t put him down as arrogant.
His reserve, a quiet defense,
Riding out the day’s events.
The river
And what you say about his company
Is what you say about society.
Catch the mist, catch the myth
Catch the mystery, catch the drift.
The world is, the world is,
Love and life are deep,
Maybe as his eyes are wide.
Today’s tom sawyer,
He gets high on you,
And the space he invades
He gets by on you.
No, his mind is not for rent
To any God or government.
Always hopeful, yet discontent,
He knows changes aren’t permanent,
But change is.
And what you say about his company
Is what you say about society.
Catch the witness, catch the wit,
Catch the spirit, catch the spit.
The world is, the world is,
Love and life are deep,
Maybe as his skies are wide.
Exit the warrior,
Today’s tom sawyer,
He gets high on you,
And the energy you trade,
He gets right on to the friction of the day.
My respect for Rush just dropped a few degrees.
Don't get drunk and mess with cops. That's a good way to prevent loss of revenues.
I can't find links, but I've been a Rush fan since 1978. Lifeson popped at least two fans, I remember there were news articles and I was surprised when I saw them. These were in the early to mid 1990's.
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