Former MÖTLEY CRÜE drummer Tommy Lee lost his bid Tuesday to add someone else to the lawsuit blaming him for the death of a 4-year-old boy who drowned in his pool.
Attorney Philip D. Weiss, representing Lee in the lawsuit filed by the parents of Daniel Karven-Veres, said Los Angeles Superior Court Judge Richard Neidorf's ruling "does not at all affect the way" the trial set for April 2 in Santa Monica will be handled.
Thomas Girardi, the attorney for the plaintiffs, did not return a call.
Weiss said he wanted a woman Lee alleges had responsibility for watching Daniel added to the lawsuit as a defendant.
"It was really more to assure that the jury understood the parties' relative responsibilities, and to assure the full spectrum of potential defendants were part of the case," Weiss said.
Ursula and James Veres' son drowned at the rocker's Mulholland Highway home during a birthday party for one of Lee's sons.
The couple allege that Lee failed to supervise the pool and had no one available to perform CPR or first aid.
Weiss claims the child was brought to the party by his nanny, Christian Weihs. Lee's attorney claims the nanny left the party early to go to a concert, but that a woman named Judith Zeihm, also a nanny, agreed to watch Daniel.
Weihs "even went home and checked with Daniel's parents, told them about the plan, and they didn't tell him to go back and bring Daniel home," Weiss said.
He added that the Vereses were aware Zeihm was watching Daniel and had no problem with it.
"We just want to illustrate the fact that Lee is not at fault for what happened ... others were responsible for Daniel."
But, Weiss added, "the parents chose Mr. Lee as the defendant based only on his notoriety."
Weiss said a hearing on a request to dismiss the case is set for March 3.
"Everybody is grieving over what happened, but the parents don't have a monopoly on the emotional distress that this caused," Weiss said.
"It was tremendously unsettling for everyone who was there, as well as Lee, and his children."