The reinstated claim involves remarks made by Ritz night-shift manager Frank Barner.
...The appeals judges ruled that when Barner and front-desk employee Azure Sorrell allegedly lied to a dispatcher and when Barner allegedly lied to Deputy Christopher Knott, they knowingly put Justin Zivojinovich at greater risk of physical injury.
"We conclude that, under Florida law, Barner
and the Ritz had a duty not to lie to law enforcement in a way that increased the risk that a guest would suffer injury," the judges wrote in their 31-page ruling.
"A reasonable jury could find that, but for Barner
falsely telling Knott that Justin had responded belligerently to the threat of sheriff's deputies being called, Justin would not have been injured or that his injuries would not have been as severe," the judges wrote.
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 sheriff's office to have him escorted out and to issue a trespass warning.
...To ensure they had all necessary 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
'd warned Justin Zivojinovich, but he yelled back, cursing and carrying on.At the time, Barner
hadn't spoken with Justin Zivojinovich.
...Deputies Knott, Scott Russell and Amy Stanford arrived and Barner exaggerated the events and claimed Justin Zivojinovich cursed and yelled when asked to leave the stage.
Even if Frank
had said those things which were not false, because Justin was on stage causing a disruption for other guests who also paid $500 a plate.