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Updated April 9, 2003, 2:43 a.m. ET

Lee called 'absolutely stupid' for not hiring lifeguard
Daniel Karven-Veres, 4, drowned during a backyard birthday party for Tommy Lee's son Brandon

SANTA MONICA, Calif. — Rocker Tommy Lee was engrossed in a poolside chat with his therapist while just steps away a 4-year-old party guest was quietly drowning, a lawyer told jurors considering a wrongful death suit brought by the preschooler's parents Tuesday.

"All this time, Mr. Lee is twelve feet from the little boy's body," said Tom Girardi, an attorney for Daniel Karven-Veres' parents, of the estimated 10 minutes the child lay lifeless on the floor of Lee's kidney-shaped pool.

Lee, 40, former drummer for the heavy-metal band Motley Crue, sat stone-faced during opening statements Tuesday morning—even as the lawyer called him "absolutely stupid" for hosting a pool party for toddlers without hiring a lifeguard.

Ursula Karven, a German television actress, dabbed away tears with a tissue as her lawyer described Daniel's death. Her husband, television producer James Veres, slumped forward in his seat in the courtroom's front row, gently rubbing his wife's leg. Daniel spoke both German and English and held dual citizenship. Several German media outlets are following the case closely.

The couple allege Lee was negligent and are seeking unspecified monetary damages for the accident June 16, 2001 during a birthday party for Lee's son, Brandon, who was turning 5.

Lee is expected to take the witness stand after the lunch recess. Lawyers for Karven and Veres said they may call his ex-wife, Pamela Anderson, at some point in the trial if they feel she could rebut his testimony.

Tommy Lee

Girardi noted that Lee and Anderson were locked in a bitter divorce in 1999 and suggested the party was "totally disorganized" because Lee planned it at the last minute to "offset" a celebration Anderson, Brandon's mother, had held the prior weekend.

In his opening statement, Lee's lawyer, Jim Baratta, rejected the plaintiff's portrait of the party as an "out of control" event featuring beer and "men with tattoos."

"This was not some sort of crazy Hollywood party," said Baratta, noting that only four of the approximately 40 party guests were adults without children. He said it was clear that parents and nannies were to stay to care for the young guests.

"Mr. Lee didn't say, 'I'm going to have a party drop your children off,'" said Baratta.

He blamed nanny Judith Zeihm, who had agreed to watch Daniel while his own nanny went to a Wango Tango concert. Baratta said witnesses would testify that after the drowning, Zeihm blurted out, "I'm responsible for him. Oh my God, I'm in so much trouble!"

 

 


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