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Adult performer Katie Summers has filed a lawsuit against John Stagliano, John Stagliano Inc. and Evil Angel Inc. in the County of Los Angeles-Central District. Her attorney is Robert L. Starr.

Summers, who performed in Stretch Class 4 is suing Stagliano et al. for negligence, intentional infliction of emotional distress, sexual battery and violations of professions code section 17200.

Summers is asking for medical bills, future medical bills, loss of income, loss of future income, punitive damages, general damages, special damages plus attorneys fees and costs.

In the suit Summers states that she worked in Stagliano’s Stretch Class 4 unaware of the fact that he was HIV. Stagliano worked with her. Had she known says Summers, she would never have done the movie.

Background facts not contained in the lawsuit are that Summers at the time was represented by Type 9 Modeling which set up a luncheon meeting with Summers and Stagliano. Never at any time, according to Summers, was she made aware of the fact of Stagliano’s medical condition.

The lawsuit goes on to say that Summers at the time of filming was very new to the business.

“At all times relevant [Stagliano] is and was fully aware of the importance of medical testing in the adult film industry in order to determine if actors and actresses have contracted any sexually transmitted disease,” states the suit.

“At all times Stagliano is and was aware of the profound harm that could be caused to actors and actresses in the adult industry if Stagliano failed to disclose his being infected with HIV.”

According to the lawsuit, unbeknownst to Summers, dating back to 1997, Stagliano tested positive for HIV. Despite Stagliano’s knowing this, he allegedly failed to disclose to Summers that he contracted HIV and allegedly engaged in sexual contact with her.

At the time of the filming of Stretch Class 4, the suit goes on to say that the Evil Angel companies controlled by Stagliano as well as the officers, directors and managing agents allegedly knew that Stagliano had been HIV positive and allegedly knew that Stagliano would engage in sexual contact with Summers.

In August 2012, Summers learned for the first time that Stagliano had been infected with HIV at the time of the filming of Stretch Class 4.

“At all times Stagliano knowingly concealed from [Summers] that Stagliano was infected with HIV.”

The lawsuit further states that Summers has suffered severe emotional distress. The suit also refers to sexual battery and California Code Section 170.5 which provides that a person commits a sexual battery when a person acts with the intent to cause a harmful or offensive contact with an intimate part of another and a sexually offensive contact with that person directly or indirectly results.

“Even when a touching is consensual an unwanted sexual touching is still committed when the person doing the touching knowingly exposes another to a fatal disease without disclosing the existence of the disease.”

Summers consented to Stagliano engaging in sexual contact within the context of her acting in an adult film, the lawsuit further states.

“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.

“[Summers] consent to engage in sexual contact with Stagliano was predicated upon [Summer’s] assumption that Stagliano had complied with these testing requirements and based upon the assumption that Stagliano was not HIV positive.”

Summers, according to the lawsuit, subsequently learned that Stagliano did not comply with the testing requirements and was in fact HIV positive at the time of the filming. If she had known she would never have consented to engage in sexual contact with Stagliano.

“As a result of Stagliano’s wrongful conduct, [Summers] has suffered damages.”

The suit alleges that Stagliano’s conduct was “oppressive, malicious, fraudulent and done with a conscious and callous disregard for her safety.”

In citing a violation of professions code section 17200, the suit states that this code prohibits acts of unfair competition including any unlawful, unfair or fraudulent business act or practice, and unfair, deceptive, untrue or misleading advertising.

The lawsuit contends that as an actress, Summers should be advised if an actor in the adult film she is to participate in and for which she will have sexual contact, is infected with HIV.

“This disclosure is required by law and is necessary for [Summers] to give consent to engage in sexual contact. Furthermore, this disclosure is necessary from a public health perspective in order to prevent the spread of HIV, a very harmful and fatal illness.”

The lawsuit contends that Stagliano and his companies partook in “unlawful, fradulent and deceptive business practices” by failing to disclose to [Summers] prior to [Summers] engaging in sexual contact.”

“Even more disturbing,” says the lawsuit, “even after the filming of Stretch Class 4, Stagliano continued to film adult films wherein Stagliano engaged in sexual contact with actresses without disclosing to those actresses that Stagliano was HIV positive.”