Judge Tosses RUSH's Claims Over Guitarist's 2003 Scuffle

August 9, 2006

John Henderson of Naples Daily News has issued the following report:

Two members of the internationally known rock band RUSH and their production companies won't win damages from deputies in a lawsuit tied to a New Year's Eve brawl at the Ritz-Carlton, Naples.

A federal judge has ruled that band members Geddy Lee Weinrib and Neil Peart, who weren't in the skirmish in 2003, don't have legal standing to argue they lost business due to the lead guitarist's injuries in the fight.

Lead guitarist Alex Zivojinovich, who tumbled down the stairwell in the scuffle, is seeking millions against the deputies and the hotel in a civil lawsuit that has been filed in U.S. District Court in Fort Myers.

The civil case is far from over despite the ruling, lawyers from both sides said.

The federal judge also agreed that Zivojinovich still has many legal arguments that can be made.

Zivojinovich's Naples lawyer, Michael McDonnell, said he still believes Zivojinovich, a seasonal Naples resident known onstage as "Alex Lifeson," has a strong case.

"We still have our primary case against the Ritz, which is negligence," McDonnell said.

Weinrib and Peart allege their tour and recording suffered business losses as a result of Zivojinovich's injuries.

But a federal judge declared this argument shouldn't be part of the lawsuit.

"The court doubts that there is a free-standing claim under Florida law for 'loss of business revenue,'" states a ruling by U.S. District Judge John E. Steele, issued Aug. 1. "Plaintiffs have not identified any legal basis for such a claim. Assuming, however, that such a cause of action exists, the court agrees these plaintiffs have not alleged any standing."

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