LOS ANGELES—City News Service is reporting that adult performer Lylith LaVey, who in 2012 sued male performer Mr. Marcus for exposing her to the syphilis virus on set, on Tuesday sued BangBros.com in Los Angeles Superior Court, alleging that "the company should have known that actor [Mr. Marcus] had the communicable disease," according to the article.
Though LaVey did not contract syphilis as a result of the exposure, she claims in the suit that she "suffered emotional distress as well as castigation from others in her field as a result of the incident."
In September of last year, Superior Court Judge Amy Hogue ruled that LaVey was free to seek a default judgment against Mr. Marcus in her lawsuit against him, after he and his lawyer had failed to comply with an order of the court, writing at the time, “It appears [Mr. Marcus] has abandoned his defense of this case.”
Mr. Marcus last June also pled no contest to a misdemeanor charge of exposing at least two adult actresses to a communicable disease, and was subsequently sentenced to 30 days in jail, 15 days of community service and three years probation.
According to today's article, the latest lawsuit states, "Plaintiff completed the scene with Mr. Marcus and subsequently found out that (he) had syphilis."
AVN has received a copy of the complaint filed this Tuesday by Lylith LaVey's lawyer, Adam Rose. Referring to an incident that occurred July 24, 2014 at a location in Encino, California, the complaint reads, "Plaintiff was an actor in one of defendants' productions. Defendants booked plaintiff for a scene with Jesse Spencer aka Mr. Marcus for filming at a shoot location house. At the time of the production, Mr. Marcus knew that he was infected with syphilis. In turn, defendants knew or should have known that Mr. Marcus had syphilis and it was not safe for anyone to work with Mr. Marcus.
"Also," the complaint continues, "on information and belief Mr. Marcus altered his test result from Cutting Edge Test Facilities. Defendants did not disclose to plaintiff that Mr. Marcus had syphilis at the time of the production. Plaintiff completed the scene with Mr. Marcus, and subsequently found out that Mr. Marcus had syphilis. The County of Los Angeles issued a temporary moratorium on pornographic filming after the incident, and implemented stricter requirements to ensure that pornographic film producers ensure the safety of the workers.
"Plaintiff suffered emotional distress and castigation from others in her field as a result of the incident," it adds, concluding, "Defendants had a duty to ensure that the workplace was safe, and defendants breached their duty actually and proximately causing damages to plaintiff."
The plaintiff, who claims personal injury, is requesting a jury trial and seeks compensatory monetary damages in an amount to exceed $25,000.
Of note, the named defendant in the case is not Bang Bros proper, but Venetian Productions, which is based in Florida.