Phoenix Marie Sues Danny D, Aylo Over On-Set Incident in 2023

LAS VEGAS—AVN Hall of Fame performer Phoenix Marie has filed a lawsuit against Pornhub’s parent company Aylo and its ownership group Ethical Capital Partners, along with fellow AVN Hall of Famer Danny D and others, for damages totaling about $80 million. Marie alleges that she was the target of a conspiracy against her, instigated by Aylo, after she witnessed a performer experience a lithium overdose on a set in Barcelona, Spain, in 2023. According to court filings, Marie was an active participant on the set of an orgy scene for Aylo-owned studio Digital Playground. Director and male performer Danny D was the lead for the set. Other performers participating in the scene included Cherie DeVille and Kenyan-German star Zaawaadi. "The complaint details how during the shoot, led by director and actor Danny D, a fellow performer nearly died of a lithium overdose," explains a press statement sent to AVN by counsel for Marie. She is currently represented by law firm Kerr Simpson of Henderson, Nevada. The "fellow performer" mentioned in the statement was Zaawaadi, according to the text of the suit. She had an overdose of lithium and needed medical attention immediately. Marie is a trained emergency medical technician, the suit notes, and took action to care for Zaawaadi, who was complaining that she was unable to breathe. "[Marie] shares how immediately following the traumatic experience, Danny D used physical force to prevent [Marie] from accompanying her colleague to the hospital and then forced her to perform a sex scene with him despite her repeated and clear protests, encouraging humiliating and degrading comments throughout," reads the press statement. In addition to Danny D, Aylo, Ethical Capital Partners and several company heads, the suit lists up to 50 unnamed "Does" as defendants. Claims against Danny D include battery and sexual battery. In the lawsuit, he is accused of grabbing Marie and forcing her to perform the scene, despite her protests and wish to accompany Zaawaadi to the hospital. Other claims against the class of defendants include conspiracy and defamation. Marie says she was the victim of a smear campaign orchestrated by Aylo and select individuals to discredit her and present her as an unhinged grieving mother who isn't over the 2019 death of her child. "[Aylo] executives made her a scapegoat for the life-threatening incident on one of their sets, using the 2019 death of her daughter to falsely paint her as an unhinged, grieving mother on lithium responsible for her colleague’s overdose," reads the statement from Marie's counsel. It additionally charges: "Aylo also could have easily determined who had lithium on set by asking for blood tests from the cast and crew—including the makeup artist, Danny D.’s live-in girlfriend, who confided the previous day that she was self-medicating with lithium and had her pills out on set." Other claims filed against Aylo and Ethical Capital Partners include breach of contract and breach of good faith covenant. This includes the instigation of a cover-up led by Aylo executives. Marie was offered a non-disclosure agreement to sign but refused, says her counsel.  "Aylo breached the agreement by improperly terminating [Marie] to cover-up what happened with the lithium poisoning on the Barcelona set," reads the suit. It goes on to allege that the cover-up was propagated by others who are affiliated with Aylo in a conspiracy to discredit Marie and restrict her prospects for work in the adult industry. It also claims that her refusal to sign an NDA and the incident with Danny D resulted in her missing out on millions of dollars worth of work, and that other directors and performers in the industry have told Marie in private that they're being urged not to work with her due to drama she reportedly caused, among various other rumors. A spokesperson for Ethical Capital Partners declined to comment about ongoing litigation. In similar fashion, Aylo’s spokesperson told AVN, "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."  Danny D provided the following statement to AVN: "The claims made against me are completely false and unfounded. On a Spanish production [Marie] gave tablets to Zaawaadi, who then had a medical emergency due to taking those tablets, thankfully we were able to save her life. "The whole production cast was present, including a talent assistant who can verify at no point, anyone was compelled or forced to perform in any nature, we have all footage, sign in's & outs, plus statements from everyone on set. "We pride ourselves on our professionalism and safe working environments for all talent." The case is currently before the U.S. District Court for the District of Nevada. It was initially filed at the Eighth Judicial District Court in Clark County, Nev., but was elevated to federal court due to jurisdictional issues pertaining to the case. Marie's counsel also informed AVN that an amended complaint with "additional details around what happened, as well as more specifics on the retaliation and consequences" is forthcoming. Peter Warren contributed to this story.