The Kernes report

AVN legal editor Mark Kernes has finished talking to all the parties involved in the Brooke Ashley civil lawsuit. His report will appear on avn.com.

According to the Kernes report, Ashley filed the suit on February 11 in the Superior Court of the State of California. She charges all the principals connected with the making of The World's Biggest Anal Gangbang with multiple civil counts ranging from sexual battery to various forms of negligence to breach of contract. The suit names Hard Core Television's [HCTV] Dan Beck and Robert Dupree; K-Beech the tape's distributor; Gourmet Video where the tape was shot; the tape's director Cash Markman and various John or Jane Does which may be named later. The suit also names performer Marc Wallice.

Ashley's complaint charges that Wallice "...was exposed, contaminated and infected with the highly contagious and life threatening AIDS VIRUS" and that Wallice was "fully aware" of the fact that any sexually explicit contact with Ashley would expose or contaminate her and other participants with the virus. The suit also alleges that all the defendants guaranteed Ashley that all precautions relative to the health, safety and testing of performers for the AIDS VIRUS were adhered to, but that this wasn't the case.

Most of the parties named in the suit have denied responsibility for Ashley's HIV positive condition. Wallice has particularly denied Ashley's charges. Wallice's interview wirth Kernes appears on geneross.com, March 11.

The Ashley suit further reads: "At all relevant times, defendants and each of them allowed defendant Mark Goldberg [Wallice] to participate with forged or doctored tests and/or knew that defendant Mark Goldberg had been exposed, contaminated, and infected with the AIDS VIRUS. Defendants and each of them knew that, when if, sexually explicit acts or actions, including sexual intercourse were performed by [Ashley] with the AIDS infected defendant, Mark Goldberg, that [Ashley] would be exposed, contaminated and/or infected with the AIDS VIRUS."

The Ashley lawsuit also raises the question as to what exactly are the adult industry's standards and customs when it comes to sexually-transmitted diseases.