On stand, Stewart discusses voice problems

Ken Ritter

Thursday, Sept. 1, 2005 | 9:37 a.m.

Rock star Rod Stewart testified Wednesday that seven months after throat surgery in 2000 his voice was in no shape to perform a New Year's weekend concert at the Rio.

"There was nothing there. No strength," Stewart told a U.S. District Court jury in Las Vegas in his civil breach-of-contract lawsuit. "I was petrified. I was scared. This was my livelihood."

The 60-year-old British singer said his trademark raspy voice recovered in time to begin a world concert tour in June 2001 after two thyroid tumors were removed in May 2000.

Stewart estimated he has performed 150 shows since then, and said he was willing to play up to two makeup concerts at the Rio if its parent company, Harrah's Entertainment Inc., would agree.

Negotiating a contract would be up to his agents, Stewart added.

Under earlier questioning from his lawyer, Louis "Skip" Miller, Stewart said he didn't read every contract negotiated by his lawyers and managers.

"I turn up and sing," he said.

Harrah's is suing Stewart to return the $2 million he was paid for the December 2000 show, plus interest and attorney fees.

Harrah's Chief Executive Gary Loveman told the six-person jury Monday that Harrah's wants the money back. He said Stewart had balked at performing a New Year's Eve 1999 concert at the Rio unless he was booked for the Dec. 30, 2000, date.

Loveman said a makeup show on any other date could not provide the same monetary benefit the casino expected to generate from a show on a three-day New Year's weekend, which celebrated the millennium.

Under questioning Wednesday, Stewart told Harrah's lawyer Stephen Morris that he didn't know if his representatives told the Rio about a $25.3 million contract the singer signed in November 2000 committing him to promoter Clear Channel Entertainment for 100 shows on a world tour.

Outside court, Morris said Stewart's agents canceled the Las Vegas show the next day. He said the exclusive Clear Channel deal precluded Stewart from rescheduling the Rio show.

But Miller said Stewart wanted to perform the Las Vegas show when his health permitted. Stewart's managers excluded Las Vegas from his 2001 tour schedule, anticipating the Rio show would be rescheduled, the lawyer said.

Stewart, who last week characterized the case as defense of his honor, on Wednesday said his half-hour on the stand was one of the scariest things he had ever done.

"The other was throat surgery," he said.

Testimony from other witnesses was expected to continue today.