Bouchard wins her lawsuit against the USTA, seeking millions in damages.

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Aussie Darcy

Aussie Darcy

Bionic Poster
Well, Bouchard has won her case and how much she will receive in damages will be decided tomorrow.

Canadian tennis star Eugenie Bouchard won the first battle in her US Open slip-and-fall lawsuit on Thursday, when a federal jury found tournament managers primarily liable for her 2015 career-damaging accident.

Bouchard, once ranked No. 5 in the world, but now 116th, says she suffered a concussion and had to cut short her performance in the 2015 tournament after slipping backward on a training room floor that was slick with cleaning chemicals.

It took a Brooklyn federal jury just under an hour Thursday to decide that the United States Tennis Association, which runs the Open and the US Tennis Center, is 75 percent liable for Bouchard’s fall.

Bouchard, who had entered the darkened training room at 11 p.m. — after a late mixed double match followed by press interviews — bears 25 percent responsibility for falling, the jury found.

USTA lawyers had argued that management believed all the players had left, and was only doing its job in cleaning the floor.

On Friday, the same Brooklyn federal jury will reconvene to hear testimony in the damages phase of the trial.

The jury will then decide how much Bouchard’s concussion cost her in medical expenses and lost winnings and sponsorships; the USTA would then be responsible for 75 percent of that amount.

“I’m not going to comment on anything right now, thank you,” the 23-year-old pro said after Thursday’s victory.

But her lawyer, Benedict Morelli, said he’d been confident of a win, but was surprised by the four-woman, three-man jury’s speed.

“When you have a 75 percent or better [liability verdict] in a case like that, you can’t complain about it,” he added.

Bouchard took the stand Wednesday to describe entering the darkened training room in a sports bra and shorts in hopes of a post-match ice bath.

“I screamed, ‘Oh my God, it burns!” she told jurors of feeling the chemicals against her bare back.

She will likely return to the witness stand to describe the effects of her concussion.
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ghostofMecir

ghostofMecir

Legend
“...when a federal jury found tournament managers primarily liable for her 2015 career-damaging accident.”

giphy.gif
 
Deon Sanders

Deon Sanders

Legend
“I screamed, ‘Oh my God, it burns!” she told jurors of feeling the chemicals against her bare back.

How do people even buy this garbage? Two second look at her instagram account from the time shows this to be ridiculous but it probably was not allowed in this case.

Give her whatever the medical expenses are plus a McDonalds big mac.

USTA will appeal whatever it is if its more than that and surely have it lowered.
 
Bartelby

Bartelby

Bionic Poster
You are an apologist for corporate power so we're not buying your garbage, that's for sure!

Deon Sanders said:
“I screamed, ‘Oh my God, it burns!” she told jurors of feeling the chemicals against her bare back.

How do people even buy this garbage? Two second look at her instagram account from the time shows this to be ridiculous but it probably was not allowed in this case.

Give her whatever the medical expenses are plus a McDonalds big mac.

USTA will appeal whatever it is if its more than that and surely have it lowered.
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G

GrassCourtFan

Legend
The USTA's argument as presented feels pretty bad.

USTA lawyers had argued that management believed all the players had left, and was only doing its job in cleaning the floor.
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"Management" should know perfectly well who's still playing and who's doing a press conference. If they "believed all the players had left" (i.e. didn't even bother to check their own schedule) it's no wonder they (75%) lost the case.
 
G

GrassCourtFan

Legend
I also think what goes in Bouchard's favor is the expectation of usable facilities. This is the US Open we're talking about here, not some podunk club. I think it's entirely reasonable that a player who finishes a match and does a press conference should then expect the training room to be usable. I think it's also completely to be expected that a player after a match and a press conference to be pretty tired and not especially well coordinated - hence why a US Open training room shouldn't be a hazardous place at that time.

I expect the award to be pretty high, mostly because medical expenses in the US are absolutely ratf***ng insane (that's what this suit is mostly about I would wager). I'd expect that the "lost earnings" are going to be counted as something like what Bouchard earned in 1 or 2 years prior to the accident, which is going to be peanuts compared to the medical bills.
 
10sDog

10sDog

New User
Max G. said:
The USTA's argument as presented feels pretty bad.



"Management" should know perfectly well who's still playing and who's doing a press conference. If they "believed all the players had left" (i.e. didn't even bother to check their own schedule) it's no wonder they (75%) lost the case.
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Spot on. Full responsibility of safe medical services lies with USTA. They goofed. But she won't get as much money as she'd like (I think she may want $2-3M but I think half that).
 
Aussie Darcy

Aussie Darcy

Bionic Poster
It's funny when you look back at that 2015 US Open.

Bouchard had been in poor form going into the US Open yet managed to win back to back to back matches over Riske, Hercog and Cibulkova. Was going to play Vinci in the 4R but this accident happened and she gave her a walkover.

What happened in the next few rounds became history. Vinci got the walkover into the QF where she defeated Mladenovic. Her SF was then up against #1 Serena Williams who was 2 matches away from winning the calendar year grand slam. We all know what ended up happening there.

Looking on paper and comparing the draws of Vinci and Bouchard, you would've favored Bouchard to win that 4R match. History could've been changed if it wasn't for this incident. I think Bouchard believes she could've gone deep in that tournament and that's why she wants millions.The prize money alone between a 4R of that US Open and a SF was about $600,000.... It's not hard to believe Bouchard could've gone on to beat Vinci and Mladenovic to make that US Open SF.
 
HookEmJeff

HookEmJeff

Semi-Pro
Aussie Darcy said:
It's funny when you look back at that 2015 US Open.

Bouchard had been in poor form going into the US Open yet managed to win back to back to back matches over Riske, Hercog and Cibulkova. Was going to play Vinci in the 4R but this accident happened and she gave her a walkover.

What happened in the next few rounds became history. Vinci got the walkover into the QF where she defeated Mladenovic. Her SF was then up against #1 Serena Williams who was 2 matches away from winning the calendar year grand slam. We all know what ended up happening there.

Looking on paper and comparing the draws of Vinci and Bouchard, you would've favored Bouchard to win that 4R match. History could've been changed if it wasn't for this incident. I think Bouchard believes she could've gone deep in that tournament and that's why she wants millions.The prize money alone between a 4R of that US Open and a SF was about $600,000.... It's not hard to believe Bouchard could've gone on to beat Vinci and Mladenovic to make that US Open SF.
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Bouchard got waxed by Vinci two weeks earlier in New Haven.
http://www.stevegtennis.com/head-to-head/women/Eugenie_Bouchard/Roberta_Vinci/
 
Bartelby

Bartelby

Bionic Poster
That's kind of interesting. Her argument may be that she lost the equivalent of a couple of Slam Semi-Finals and general career derailment.

That would increase the award considerably.

Aussie Darcy said:
It's funny when you look back at that 2015 US Open.

Bouchard had been in poor form going into the US Open yet managed to win back to back to back matches over Riske, Hercog and Cibulkova. Was going to play Vinci in the 4R but this accident happened and she gave her a walkover.

What happened in the next few rounds became history. Vinci got the walkover into the QF where she defeated Mladenovic. Her SF was then up against #1 Serena Williams who was 2 matches away from winning the calendar year grand slam. We all know what ended up happening there.

Looking on paper and comparing the draws of Vinci and Bouchard, you would've favored Bouchard to win that 4R match. History could've been changed if it wasn't for this incident. I think Bouchard believes she could've gone deep in that tournament and that's why she wants millions.The prize money alone between a 4R of that US Open and a SF was about $600,000.... It's not hard to believe Bouchard could've gone on to beat Vinci and Mladenovic to make that US Open SF.
Click to expand...
 
D

Deleted member 293577

Guest
Wouldn't it be funny if she got awarded a big wad of money, and then all of a sudden she starts winning matches again? Well played.
 
G

GrassCourtFan

Legend
I doubt that kind of hypothetical is the kind of thing that would work - hard to make a case that you for sure would have made a particular round or beaten a particular player.

A more general numbers argument would be more persuasive. Take the earnings that a typical player of that ranking would make, or how much Bouchard made in the previous year before the injury. Make the claim that she lost half a year or a year or whatever worth of earnings. Pretty sure with sponsorship money and prize money, that would come out to 2-3 million pretty easily, add in medical bills. That's where that number comes from.
 
Q

qindarka

Rookie
Aussie Darcy said:
It's funny when you look back at that 2015 US Open.

Bouchard had been in poor form going into the US Open yet managed to win back to back to back matches over Riske, Hercog and Cibulkova. Was going to play Vinci in the 4R but this accident happened and she gave her a walkover.

What happened in the next few rounds became history. Vinci got the walkover into the QF where she defeated Mladenovic. Her SF was then up against #1 Serena Williams who was 2 matches away from winning the calendar year grand slam. We all know what ended up happening there.

Looking on paper and comparing the draws of Vinci and Bouchard, you would've favored Bouchard to win that 4R match. History could've been changed if it wasn't for this incident. I think Bouchard believes she could've gone deep in that tournament and that's why she wants millions.The prize money alone between a 4R of that US Open and a SF was about $600,000.... It's not hard to believe Bouchard could've gone on to beat Vinci and Mladenovic to make that US Open SF.
Click to expand...

So ultimately the USTA were at fault for denying Serena the calendar year grand slam.

Of course, this is a massive exaggeration but its amazing how things work out.
 
Deon Sanders

Deon Sanders

Legend
qindarka said:
So ultimately the USTA were at fault for denying Serena the calendar year grand slam.

Of course, this is a massive exaggeration but its amazing how things work out.
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USTA only needed her to make that finals

All the eyeballs were on it and the big expensive tickets and things paid for

Her winning the finals was inconsequential to the USTA
 
Mainad

Mainad

Bionic Poster
Deon Sanders said:
They get you on sales tax and mostly property tax but since she is never there it would be highly beneficial if she does not have a huge house or anything to be a "resident" there

Same reason lots of people have a PO Box in South Dakota
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Makes me wonder what you have to do to be declared officially resident in these tax havens?
 
Aussie Darcy

Aussie Darcy

Bionic Poster
Mainad said:
Makes me wonder what you have to do to be declared officially resident in these tax havens?
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Interesting question. I know Hewitt and Rafter officially lived in The Bahamas in order to avoid Australian tax even though they spend most of their time here. Same with Tomic who lists his official residence at Monte Carlo as most tennis players do. It’s pretty **** poor that these tennis players don’t contribute to the system but I guess when you have so much money you find ways around it.
 
zagor

zagor

Bionic Poster
emilyhex said:
Wouldn't it be funny if she got awarded a big wad of money, and then all of a sudden she starts winning matches again? Well played.
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Could happen, you never know. Maybe it's not just about the big wad of money but also the mental satisfaction of getting the official recognizition she was wronged in this instance. It could be a switch that makes her put the effort to get her career back on track. Or maybe she'll just take the cash and continue being a model/part-time tennis player, we'll see.
 
Bartelby

Bartelby

Bionic Poster
The Prime Minister parks his money in the Caymans with the excuse that it is because of his investments in America.

Aussie Darcy said:
Interesting question. I know Hewitt and Rafter officially lived in The Bahamas in order to avoid Australian tax even though they spend most of their time here. Same with Tomic who lists his official residence at Monte Carlo as most tennis players do. It’s pretty **** poor that these tennis players don’t contribute to the system but I guess when you have so much money you find ways around it.
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Q

qindarka

Rookie
Sudacafan said:
If I trip and break my head in the street, who’s liable?
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They are not analogous situations.
The issue with Bouchard wasn't that she tripped, but that she tripped because the floor was wet. It should have been easy for the USTA to foresee that wet floors are dangerous and should have either put a warning sign or locked the room during cleaning.
If say, you slipped on wet floor on a shopping centre and there was no sign warning you of this, then you are entitled to claim compensation for injuries sustained from a fall.
 
D

Deleted member 688153

Guest
Also "millions in damages" lolololol

Slipped on the floor, a bit shaken but otherwise uninjured, and continued to suck at tennis.
What a damning case.

Give her $1000 and maybe medical costs if the USTA is found to be at fault (seems like they were).
 
Bartelby

Bartelby

Bionic Poster
Tort law is a perfect example of law adapted to capitalist enterprise, you criticise out of ignorance.

Firstservingman said:
Also "millions in damages" lolololol

Slipped on the floor, a bit shaken but otherwise uninjured, and continued to suck at tennis.
What a damning case.

Give her $1000 and maybe medical costs if the USTA is found to be at fault (seems like they were).
Click to expand...
 
D

Deleted member 688153

Guest
Bartelby said:
Tort law is a perfect example of law adapted to capitalist enterprise, you criticise out of ignorance.
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Are the damages supposed to be punitive or reparations though?

If punitive maybe you have a point. The USTA is wealthy enough that they won't feel anything less than millions.

They'll never dare to clean the floor again.
 
Bartelby

Bartelby

Bionic Poster
She dropped her argument for punitive damages.

Firstservingman said:
Are the damages supposed to be punitive or reparations though?

If punitive maybe you have a point. The USTA is wealthy enough that they won't feel anything less than millions.

They'll never dare to clean the floor again.
Click to expand...
 
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