First off I’m no attorney. That said I do have some understanding of these things. A lot of people get the Mister Marcus Verdict but don’t get the Bangbros part.
Basically it all comes down to one thing and that thing is negligence. To prevail in that lawsuit it has to be shown that the company was negligent and that a reasonable person could foresee that this negligence would have resulted in injury (or in this case, transmission of disease)
I believe the key evidence would be the photos indicating that there was something CLEARLY wrong there and that a reasonable person as director would not have allowed the scene to continue. There is also the fact that BangBros removed the scene when this story broke whether that action is admissible as evidence that they knew they did something wrong will be up to the judge.
When you think about the warning labels you see on everything these days that seem like common sense and remember that they are there because someone sued and won, it isnt a stretch that Bangbros will lose this one. I know that had this been on my set Id have sent Mr Marcus home.
My prediction is that Bangbros will settle this quietly and if they don’t they will get increasing pressure (quietly) from the industry to do so, because if they fight it and lose that opens a HUGE door for litigation against companies not abiding by the condom law. Not that that door isn’t already open.
In truth AHF isn’t porns biggest problem, its going to be performers that get STDs because a condom wasn’t used and then they sue the production company, that’s pretty much a straight up winning case right there.
15 Responses
Lylith LaVey and BangBros My Thoughts http://t.co/3YtdoBd8at
MIke: Further proof, as if you needed it, that you can’t flunk out of porn. Brazzers has a new scene this morning with Tanner Mayes.
My guess is that you’re going to see posts indicating that she signed a release, the director was an independent contractor, etc. At the end of the day, none of that really matters unless the director was shooting the scene on spec and then shopping it around – in that instance, the director is on the hook and not BangBros. But, if the scene was shot at their request, they have a responsibility to ensure a safe working environment. They have exposure.
My guess is that you’re going to see posts indicating that she signed a release, the director was an independent contractor, etc. At the end of the day, none of that really matters unless the director was shooting the scene on spec and then shopping it around – in that instance, the director is on the hook and not BangBros. But, if the scene was shot at their request, they have a responsibility to ensure a safe working environment. They have exposure.
It was not an spec shoot I am told the director was shooting it specifically for bangbros and was n their employ
I’m sure you’re right about Bangbros. They probably will settle. I don’t know. But it’s pretty obvious the producer/director knew Marcus had syphilis and didn’t care. And the fact that they removed the Marcus scene from their site? If that doesn’t prove guilt I don’t know what does.
My problem is I don’t see Lylith LaVey as a victim. There is no way she didn’t see the syphilis sores on Marcus’s dick. Especially since she got a close up of it. She did suck it after all. And this isn’t like Marc Wallace. No one, the performers, producer, director, could see HIV when they looked at him… But if ya looked at Marcus’s dick you could clearly see the syphilis sores on it.. I mean it looked like a nestle crunch bar so…. Yet laVey decided to shoot the scene anyway? That’s what I think. This speaks volumes about the performers in this industry. Most of them don’t seem to have any standards and they don’t seem to care about themselves let anyone else. Mr Marcus proved that and so did Alex gonz.
So Instead of these performers getting together, speaking up and telling the FSC, producers, directors to fuck off and tell them that they are not going to allow these scumbags to take advantage of them anymore.. Most of them say NOTHING! They continue to allow these people to use and abuse them for profits sake. Not only that but They continue to repeat the same recycled bullshit script they are handed by the leaders of the industry.
Whatever we are told to do we will do it! No questions asked! Condoms bad!!! We have no brain cells! Vote no on ab1576!!! Michael Weinstein and Isadore hall are sexists! Hahaha lol unbelievable lying bullshit these people spew! The women In this industry seem to think they’re feminists and oh soooooo smart….LOL… Yeah right!!!
They risk their health/life for what? Around $300.00? They let these guys use and abuse them and pretend that it is empowering? Empowering my ass! I know. But Kate? If they speak up they won’t get work! Boo hoo… Cry me a river!! So what? they continue putting their health at risk with every scene they shoot and cross their fingers and hope they don’t finally contract HIV or any of the other STDS.oh I forgot. HIV is a manageable disease… It’s no biggie!!! Pathetic!
.instead of leaving the industry or banding together to change things? They don’t care if they spread their diseases around? They don’t care period!
Yeah, in my opinion, these people are beyond pitiful.
18 more cases possibly? And who can possibly be handling the case for BangBros as a attorney?
Doesn’t Marc Randazza deal with litigations for
Bang Bros? The Mr. Marcus and LaVey shoot was done in Encino? Who is the director out there in Encino for bang Bros?
June 25th in Sacramento capital come and watch the Porn freak show and bring some popcorn and softdrinks. its going to be a real laugh and watch
a bunch of c girls and some fools like Chad Diamond and Tucker Slain show up and try to make a case against the condom law that needs to be put into effect as soon as possible and listen to the opposition talk about condom chaffing and all that total bullshit and guys can’t keep an erection with a condom and rashes and all that bolarkey. Its going to be fun.
Prime example why condoms have to be enforced because of people like Spencer and his Chocolate enclair dick. Its going to be fun.
Shalom
Hello Ms. Summers.
Lol not again! I am not Katie summers. Mike can confirm that. Am I suppose to be insulted?
If Mr. Marcus owes 130K or whatever, I would guess Bang Bros will probably offer Lylith Lavey 250K-300K to settle it out of court. She has a chance at an even bigger number if she takes it to court, because odds are a jury would side with Lavey as soon as they saw the images from the Bang Bros shoot with the Bang Bros. official stamp right there in the corner. Bang Bros. is responsible, they are going to pay, but best thing they can do is offer an amount too good to pass up.
I still feel enforcing condoms in porn is so stupid. I don’t get why these high end companies don’t just pay for testing the day before and then shoot the next day after tests come back. Yah probably $750-1K to test all your performers, but when your some of these high end companies I think it would be worth it as opposed to going with condoms.
I personally do not enjoy porn with condoms, and if I were a performer I would rather go au natural with people I trust, then use condoms and risk chaffing and other minor injuries.
Time for people in the industry to take responsibility for themselves, and be responsible on set, checking tests and checking their partners out before hand.
“Just do the scene. It’s the risk SHE takes!!!!” Well, not anymore, you losers!!!! Now it’s the risk YOU take (the producers/directors) so stick it where the sun don’t shine!!! …… To anyone who doesn’t understand what I’ve just said, heres the back story for ya… When I was an actor, I called in sick on two separate occasions and was told by TWO different directors that I should do the scene anyway, since it was common knowledge that her exposure to STD’s was THE RISK SHE TOOK!!!! And hey Cash Markman,,, Fuck you and your little piece of paper that I signed stating that I didn’t want to use condoms!!! If I didn’t sign it I WOULDN’T WORK FOR YOU AGAIN!!! Weren’t those the EXACT words you used? Yes they were!!!! The only male talent that doesn’t want to use condoms are gay men who need pharmaceutical help in order to get it up for yucky women!!! And the only women who don’t want to use condoms are indescribable! Nina Hartley? I used to respect you! We even kept a boat afloat together once and most probably saved not only our lives but other lives as well and now you say bullshit about ‘condom burn’?????? Snap out of it and warn the other girls about a life in porn or turn my stomach and continue to spout the party line in order to make a living, you sell-out!
What ever happen to the Katie Summers vs John Stag case?
What ever happened to the Katie Summers and John Stags case?
I am interested in that as well. I would guess that with the new fancy set Rob and Katie have that she settled with Evil Angel’s insurer and are blowing the money quickly but I really don’t know for sure.