And the hits just keep on coming for Pornhub & Co..
Sooner or later these guys will shut the adult business down. Now they're being
sued by AVN hall of Famer Phoenix Marie for $80M.
Phoenix Marie has filed a lawsuit against Pornhub’s parent
company Aylo and its ownership group Ethical Capital Partners, along with
fellow AVN Hall of Famer Danny D and others, for damages. Marie alleges that
she was the target of a conspiracy against her, instigated by Aylo, after she
witnessed a performer experience a lithium overdose on a set in Barcelona,
Spain, in 2023.
According to suit, Marie was an active participant on the
set of an orgy scene for Aylo-owned studio Digital Playground. Director and
male performer Danny D was the lead for the set. Other performers participating
in the scene included Cherie DeVille and Kenyan-German star Zaawaadi.
During the shoot directed by Danny D, a fellow performer
nearly died of a lithium overdose, explains counsel for Marie. She is currently
represented by law firm Kerr Simpson of Henderson, Nevada.
The "fellow performer" mentioned in the statement
was Kenyan performer Zaawaadi, according to the suit. Zaawaadi had an overdose
of lithium and needed medical attention immediately. Marie is a trained
emergency medical technician, the suit notes, and took action to care for
Zaawaadi, who was complaining that she was unable to breathe.
According to Marie, Danny D used physical force to prevent
her from accompanying Zaawaadi to the
hospital and then forced her to perform a sex scene with him despite her
repeated and clear protests. "Encouraging humiliating and degrading comments
throughout," reads the suit.
In addition to Danny D, Aylo, Ethical Capital Partners and
several company heads, the suit lists up to 50 unnamed "Does" as
defendants.
Claims against Danny D include battery and sexual battery.
In the lawsuit, he is accused of grabbing Marie and forcing her to perform the
scene, despite her protests and wish to accompany Zaawaadi to the hospital.
Other claims against the class of defendants include
conspiracy and defamation. Marie says she was the victim of a smear campaign
orchestrated by Aylo and select individuals to discredit her and present her as
an unhinged grieving mother who isn't over the 2019 death of her child.
"[Aylo] executives made her a scapegoat for the
life-threatening incident on one of their sets, using the 2019 death of her
daughter to falsely paint her as an unhinged, grieving mother on lithium
responsible for her colleague’s overdose," said Marie's counsel.
It additionally charges: "Aylo also could have easily
determined who had lithium on set by asking for blood tests from the cast and
crew—including the makeup artist, Danny D.’s live-in girlfriend, who confided
the previous day that she was self-medicating with lithium and had her pills
out on set."
Other claims filed against Aylo and Ethical Capital Partners
include breach of contract and breach of good faith covenant. This includes the
instigation of a cover-up led by Aylo executives. Marie was offered a
non-disclosure agreement to sign but refused, says her counsel.
"Aylo breached the agreement by improperly terminating
[Marie] to cover-up what happened with the lithium poisoning on the Barcelona
set," reads the suit.
Other allegations include a cover-up was propagated by
others who are affiliated with Aylo in a conspiracy to discredit Marie and
restrict her prospects for work in the adult industry.
It also claims that her refusal to sign an NDA and the
incident with Danny D resulted in her missing out on millions of dollars worth
of work, and that other directors and performers in the industry have told
Marie in private that they're being urged not to work with her due to drama she
reportedly caused, among various other rumors.
A spokesperson for Ethical Capital Partners declined to
comment about ongoing litigation. In similar fashion, Aylo’s spokesperson told
AVN, "Out of respect for the integrity of court proceedings, our policy is
not to comment on ongoing litigation. We look forward to the facts being fully
and fairly aired in that forum."
Danny D provided the following statement to AVN: "The
claims made against me are completely false and unfounded. On a Spanish
production [Marie] gave tablets to Zaawaadi, who then had a medical emergency
due to taking those tablets, thankfully we were able to save her life.
"The whole production cast was present, including a
talent assistant who can verify at no point, anyone was compelled or forced to
perform in any nature, we have all footage, sign in's & outs, plus statements
from everyone on set.
"We pride ourselves on our professionalism and safe
working environments for all talent."
The case is currently before the U.S. District Court for the
District of Nevada. It was initially filed at the Eighth Judicial District
Court in Clark County, Nev., but was elevated to federal court.
Marie's counsel also informed AVN that an amended complaint
with "additional details around what happened, as well as more specifics
on the retaliation and consequences" is forthcoming.
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