LOS ANGELES—AVN has obtained a copy of the complaint filed Monday in Los Angeles Superior Court by adult performer Katie Summers against John Stagliano and his companies John Stagliano, Inc. and Evil Angel Productions, Inc.
In addition to the aforementioned defendants, the complaint names "Does 1 to 100," who it identifies as "the agents, employees, co-conspirators" in inflicting the injuries and damages Summers alleges she suffered as a result of having shot a scene for Stagliano's Buttman's Stretch Class 4 without being apprised of the director's HIV positive status. The document states that Summers "does not know the true names and capacities of Doe defendants 1 to 100" and "will amend the complaint to allege the true names and capacities when ascertained."
In pertinent part, the complaint goes on to state, "During the filming of Stretch Class 4, Stagliano had sexual contact with" Summers and at all times prior to, during and after that shoot "knowingly concealed" from Summers that he was infected with HIV.
"As a result of said negligent conduct, although [Summers] has been advised that she has not contracted HIV, [Summers] has suffered damages," the suit contends. The alleged series of actions, it continues, "was extreme and outrageous, going far beyond the norms of conduct which would be expected of someone in our society."
The suit further describes the actions of the defendants as "oppressive, malicious, fradulent, and done with a conscious and callous disregard for [Summers'] safety," thus causing her to suffer "severe emotional distress and damages."
Although the complaint concedes Summers consented to Stagliano's actions, it nonetheless maintains that his allegedly exposing her knowingly to a fatal disease without disclosing the existence of that disease constitutes sexual battery, one of its four formal charges.
"Furthermore," it notes, "[Summers] consented to Stagliano engaging in sexual contact with [Summers] within the context of [Summers] and Stagliano acting in an adult film. Actors engaged in sexual contact during the production of an adult film in the state of California are as a matter of custom and practice required to provide evidence of testing for HIV, and are not allowed to engage in sexual contact if they have a test which indicates that they are HIV positive. [Summers'] consent to engage in sexual contact with Stagliano was predicated upon [Summers'] assumption that Stagliano had complied with these testing requirements, and based upon the assumption that Stagliano was not HIV positive. [Summers] would have never consented to engage in sexual contact with Stagliano had [Summers] known and been advised that Stagliano was HIV positive."
The fourth and final cause of action in the suit (following negligence, intentional infliction of emotional distress and sexual battery) charges the defendants with violating California Business and Professions Code Section 17200, which "prohibits acts of 'unfair competitions, including any unlawful, unfair or fradulent business act or practice' and 'unfair, deceptive, untrue or misleading advertising.'" In connection with this claim, it calls for the defendants to "be enjoined and restrained from continuing to produce movies wherein Stagliano is engaging in sexual contact with others, without disclosing to others that Stagliano is infected with HIV."
In addition to the above, the suit seeks for the defendants to compensate Summers for general damages, special damages, loss of income, medical bills, loss of future income, future medical bills, punitive damages, actual damages, incidental and consequential damages, restitution damages, attorney's fees and costs, and other damages and relief as the court deems proper.
As well as the court papers for this case, AVN has obtained a copy of Buttman's Stretch Class 4 and viewed the scene in question in its entirety. We can report that Stagliano's only contact with Summers during the scene is some light touching and squeezing of her buttocks, breasts, stomach and legs, and that he states at both the beginning and end of the scene that he and Summers are in Florida. At no point in the footage does any part of Stagliano's anatomy enter her body or touch her genitals.
Attempts by AVN to solicit comments from Summers' attorney, Robert L. Starr, have been unsuccessful.
Image courtesy of Evil Angel.