LOS ANGELES — Adult performer Katie Summers has filed a lawsuit against director John Stagliano and his company Evil Angel, alleging “negligence, intentional infliction of emotional distress, sexual battery and violations of professions code section 17200” because Stagliano didn’t inform her of his HIV positive status prior to her performing in the 2010 movie “Buttman’s Stretch Class 4.”
According to the lawsuit, Summers consented to Stagliano engaging in sexual contact within the context of her acting in an adult film. In the scene, Stagliano can be seen handing Summers sex toys and touching her ass, but he does not perform hardcore sex with her. Summers claims that had she known of Stagliano’s status prior to the scene that she would not have done it.
"Actors engaged in sexual contact during the productions of adult films 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 they are HIV positive,” the lawsuit says.
“... As a result of Stagliano's wrongful conduct, [Summers] has suffered damages.”
In the suit she is asking for monetary damages that include medical bills, future medical bills, loss of income, loss of future income, punitive damages, special damages and attorney’s fees and costs.
Stagliano’s wife Karen told XBIZ Tuesday that he and the company dispute the allegations.
“John and the company feel that he did not do anything with Katie Summers that would warrant having to inform her of his HIV status,” Karen said. “He had no genital contact with her, no sexual touching of her genitals at all that would have put her at any sort of a medical risk whatsoever.
“In addition, he’s been undetectable for HIV for over 15 years, despite doing repeated cultures even out of curiosity. Doctors and labs have not been able to find HIV in his blood for over 15 years, but he continues to take his medicine as a precaution.”
Stagliano was diagnosed with HIV in January 1997.
“As for the lawsuit, definitely John and the company feel that it simply doesn’t have merit,” Karen continued. “If she had any distress at finding out that she was touched on her non-genital skin by an HIV-positive person, that’s very, very unfortunate of course. But in this day and age, I think that a reasonable person understands that there are people out there that have diseases that are only communicated through bodily fluids.
“So to be making statements that she was put at risk of death or contracting a disease like she has, that becomes a lawsuit that doesn’t have merit.”
Karen added, “I think there are some very irresponsible statements that are being made trying to imply that John performed as a sex performer in a scene with this girl, to leave it open to people believing that he actually had sex with her or did something along those lines. When in fact he handed the girl toys and it was a tease scene, and he touched her butt cheeks. But he absolutely never touched her genitals.”
Summers is being represented by attorney Robert Starr in the case. He was not available for comment at post time.
