Judge Rules for Lylith Lavey in Syphilis Suit Against Mr. Marcus
By Rhett Pardon, XBIZ.com from http://newswire.xbiz.com/view.php?id=168632
Sun, Sep 08 2013 10:45am PDT
LOS ANGELES — Adult film actress Lylith Lavey, who sued Mr. Marcus last year after finding out that he allegedly exposed her to syphilis during a porn shoot, received the green light Friday from a Los Angeles Superior Court judge to begin seeking a default judgment against the veteran actor.
Her suit alleges fraud, negligence, battery, intentional infliction of emotional distress.
Mr. Marcus and his lawyer were ordered in May to respond to written questions posed by Lavey’s attorney, Adam Rose, and to turn over specified documents.
But Los Angeles Superior Court Judge Amy Hogue on Friday said that Mr. Marcus “abandoned his defense of this case.”
Lavey’s alleged claims stemming from a June 24, 2012, Bang Bros shoot involving herself and Mr. Marcus. In the Bang Bros video, LaVey could be seen giving fellatio to Mr. Marcus, whose penis clearly showed evidence of a possible STI.
Mr. Marcus, in a previous interview with XBIZ, said the sores at the time looked more like a skin irritation. “It looked like a patch of rough skin, like maybe a reaction to some kind of lube that irritated me,” he previously told XBIZ.
Hogue said courts typically take less severe action before imposing a possible default judgment. But she said such a step is appropriate in this case. In addition, the judge said that Lavey feels her career has been hurt by her exposure to syphilis.
“[Lavey] feels that her reputation in the adult film world has been diminished as a result of filming with [Mr. Marcus],” Hogue wrote.
In June, Mr. Marcus’ then newly tapped attorney, Martin Cutler, said that Lavey’s emotional distress suit is full of holes because she knew the risks involved in shoots. Cutler told XBIZ at the time: “There was an assumption of risk in the case of the shoot. She’s a porn actress — she knew what she was getting into.”
But, apparently, Mr. Marcus gave up his defense in the case shortly after tapping the attorney.
Cutler did not respond to an XBIZ call on Sunday for comment. Mr. Marcus’ voicemail was full.
Lylith Lavey should have never done that last porn movie with Mr. Marcus. All she had to do is look down and see something was wrong. The picture was sick and nasty. I think she should really be going after the studio!
So this is another reason why condoms should be used no questions ask, when making a porn movie period.
Bet ya with all his years in this business he does not have a nest egg hidden away. Or if he does have one he is scrambling to hide it so she does not get it.
Karmafan it’s not about how much money he has, it’s about people lives and doing the right thing. So nobody did the right thing that day! It starts from the top with the studio, then with the performers begin smart enough to know when something is wrong.
Also she did not have to go ahead with part, all she how to do is look at his dick and say I am not working with him today!
“Mr. Marcus, in a previous interview with XBIZ, said the sores at the time looked more like a skin irritation.”
In the industry, they call them ‘fuck sores’.