LAS VEGAS — AVN Hall of Fame performer Phoenix Marie has filed a lawsuit against Aylo, its ownership group Ethical Capital Partners, and fellow AVN Hall of Famer Danny D, alleging defamation, career damage, and severe emotional distress stemming from a 2023 incident on a Digital Playground set in Spain. Marie is seeking approximately $80 million in damages.

Lawsuit Details and Allegations

The lawsuit, filed on February 15 in Nevada and recently made public, centers on an October 2023 multi-day shoot in Barcelona for the Aylo-owned studio Digital Playground. Danny D produced the project and was the director and a male performer on the set, which also featured performers Zaawaadi and Cherie DeVille.

According to court filings and a press statement from Marie's counsel, Kerr Simpson of Henderson, Nevada, Marie alleges she was the target of a conspiracy instigated by Aylo after witnessing a performer experience a lithium overdose on set. The "fellow performer" mentioned in the statement was Zaawaadi, who, according to the suit, had a lithium overdose and required immediate medical attention.

Marie, described in the complaint as a performer and a "medical professional" with 10.5 years of experience in "the medical field of sexual wellness," alleges she was "scapegoated by the company for the incident." She claims her career and brand have been "ruined" and she has been "defamed by the same executives that she always thought were like her family and friends and close colleagues."

The complaint states that Aylo and its affiliates are responsible for Marie’s lost earnings and for "defamatory statements about her circling the industry." Marie is seeking restitution, claiming a loss of over $100,000 per month in revenue due to "tortious interference with the promotion of her videos and sites" through Aylo platforms.

Marie also holds Aylo responsible for "severe emotional distress caused by being subjected to forced sex acts to finish the orgy video after a girl that she knew almost died in her arms, being interrogated, assaulted by, and lied to by Danny D about the incident, and the statements by the executives regarding her emotional state."

Conflicting Accounts of the Incident

The lawsuit's complaint details Marie's version of events. She states that she is "passionate about female sexual health" and, as an adult industry veteran, "tries to educate and assist the younger actresses about sexual health issues whenever she can." Prior to the incident, Marie suggested over-the-counter medications to Zaawaadi to prepare for an anal scene. Marie states she gave Zaawaadi two probiotic pills and two laxative pills called Senokot, due to Zaawaadi's ingestion of three Imodium pills. Marie told Zaawaadi that taking Imodium could be harmful. These remedies were to be taken immediately after the scene to prevent issues associated with anal sex scenes.

On the day of the incident, when Zaawaadi experienced trouble breathing, Marie "yelled for someone to call an ambulance, and she then started emergency care." Marie alleges she "tried to keep Zaawaadi calm and regulate her breathing while she evaluated her, called [her] sister for her medical history, and got her some fluids once her sister was on the phone." Marie then asked Zaawaadi "if she had taken any drugs or medicines lately, and she said, ‘The four pills you gave.’" Marie alleges she "knew that the pills that she had given Zaawaadi would not have caused this reaction. The girl continued to shake and have difficulty breathing as a person would during a seizure or neurological episode."

Marie alleges she cared for Zaawaadi for over an hour, during which Danny D "was reluctant to call for the ambulance." Zaawaadi was eventually taken to the hospital and, according to the complaint, wanted Marie to accompany her. However, Marie alleges Danny D "demanded to finish the scene immediately," and she "continued filming the orgy scene against her will" after pleading with him to shoot at another time.

After the scene, Marie alleges she was "very distraught" and wanted to go to the hospital, but Danny D "told her that she could not go, and he would go without her." The following day, Marie alleges Danny D "forcefully grabbed" her, pulling her into her room, and told her Zaawaadi "had overdosed on lithium, and she was in a medically induced coma." Marie alleges Danny D interrogated her about lithium and that the only person with lithium in the shoot house was Danny D’s partner, who also served as makeup artist, production manager, and talent liaison. Marie alleges Danny D was protecting his partner from an investigation for death by lithium poisoning.

Marie further alleges that at the Venus Berlin expo after the shoot, several Aylo representatives "falsely blamed" her for Zaawaadi’s lithium poisoning and "told her to go home." She claims she "was completely shocked and devastated as she had done her best" to save Zaawaadi’s life while others "sat around and watched and even called for emergency help when asked" and "now she was being blamed for what had happened." The complaint states that after Marie left Berlin, "the Defendants and others spread falsities" about her "all over the industry to protect themselves."

Responses from Defendants and Zaawaadi

Danny D spoke to XBIZ, refuting Marie’s version of events. He stated, "The claims made against me are completely false and unfounded." Danny D claimed that "on a Spanish production, Phoenix Marie gave tablets to Zaawaadi, who then had a medical emergency due to taking those tablets. Thankfully we were able to save her life." He added, "The whole production and cast was present, including a talent assistant who can verify that at no point, anyone was compelled or forced to perform in any nature. We have all footage, sign ins and outs, plus statements from everyone on set. We pride ourselves on our professionalism and safe working environments for all talent."

An Aylo spokesperson told XBIZ, "Out of respect for the integrity of court proceedings, our policy is not to comment on ongoing litigation. We look forward to the facts being fully and fairly aired in that forum."

Zaawaadi also commented on the account of events presented in Phoenix Marie's lawsuit in an X post on Wednesday morning, April 17, 2024. She stated, "Although am physically back to normal, my mental health was completely destroyed due to the incident. Just to make it clear to all asking what happened, Phoenix gave me two tablets each of two different types of medicine, telling me they would help to relax my body and Danny’s partner never gave me any tablets."

Key Facts

  • Phoenix Marie filed a lawsuit against Aylo, Ethical Capital Partners, and Danny D on February 15 in Nevada.
  • The lawsuit alleges defamation, career damage, and severe emotional distress from a 2023 incident on a Digital Playground set in Barcelona.
  • Marie is seeking approximately $80 million in damages, claiming over $100,000 per month in lost revenue.
  • The incident involved performer Zaawaadi experiencing a medical emergency, identified in court filings as a lithium overdose.
  • Marie alleges she was forced to continue filming an orgy scene against her will after Zaawaadi's emergency.
  • Danny D refutes Marie's claims, stating she gave Zaawaadi tablets that caused the medical emergency and that no one was forced to perform.
  • Zaawaadi stated that Phoenix Marie gave her "two tablets each of two different types of medicine," and that "Danny’s partner never gave me any tablets."