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

Do you think this was the correct verdict?

  • Yes

  • No


Results are only viewable after voting.

Sudacafan

Bionic Poster
Acts of God in insurance law refers to natural disasters, not matters like this.

Which is strange because you would think god would not hurt people.

But then you realize that god is a human-created myth based on ignorance and it becomes clear.
You always deliver. Counted on that.
 

Poisoned Slice

Bionic Poster
One more for the good guys. :cool:
Kevin-Nash-Family-Pictures-Spouse-Age-Son-Net-Worth.jpg
 

silentkman

Hall of Fame
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.


Yes, its actually hard to believe.

Vinci Beat her in New Haven prior to the Open 6-1, 6-0
 

JMR

Hall of Fame
I commented on this case in the previous thread about it, which of course was deleted because it was tennis-related (isn't that the rule? :)). But anyway:

1. I expected Bouchard to win the case on liability. Slip-and-fall cases are usually pretty routine in that regard, and the USTA did seem to screw up this time.

2. The USTA's defense of liability was very weak, almost embarrassing. "We didn't know players were still out there"?

3. The USTA offered a defense of liability only because the case couldn't be settled. If a case goes to trial, then you put up all your defenses, even the lame ones.

4. The case didn't settle because the parties must have been separated by a chasm on damages. I'm sure the USTA and its insurer could have been persuaded to pay Bouchard's medical expenses and her lost tennis earnings for a few months. But her "my career is destroyed"/"my life is shattered" claims of entitlement to millions of dollars were on another plane entirely.

5. The real trial starts now. Should be fascinating.
 

ibbi

G.O.A.T.
She should declare that in lieu of money she well settle for them renaming it the USTA Genie Bouchard National Tennis Center, with Ashe to become the Justin Beiber Stadium. She should have them move the US Open to Miami so she can stay at home while competing.
 

tacou

G.O.A.T.
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.
QFT, especially "rat******g"
 

fed1

Professional
The result of this will be,large bottles of water at the Open this year will be $25.00, hot dogs $41.00 and they will sell 100,000 tickets each day to already oversold grounds. ;):)
 

jm1980

Talk Tennis Guru
I think some of you are letting your personal dislike of Bouchard get in the way of the facts:
  • The room was not properly sectioned off
  • The slippery cleaning products would have been hard to see in the dim-lit room anyway.
  • She slipped, fell, and was concussed
  • She had to immediately withdraw from her Women's Singles QF, and her Women's and Mixed doubles matches
  • She withdrew from other tournaments she was to play
IMO her case is solid, and the jury agrees. How much money she gets is also up to the courts.
 
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Shaolin

Talk Tennis Guru
I think some of you are letting your personal dislike of Bouchard get in the way of the facts:
  • The room was not properly sectioned off
  • The slippery cleaning products would have been hard to see in the dim-lit room anyway.
  • She slipped, fell, and was concussed
  • She had to immediately withdraw from her Women's Singles QF, and her Women's and Mixed doubles matches
  • She withdrew from other tournaments she was to play
IMO her case is solid, and the jury agrees. How much money she gets is also up to the courts.

Agreed I don't like Bouchard but she has a case.
 
It seems like many posters on this thread:

1. Don't have a clear understanding of the effects of concussion on high-velocity sports movements. Concussions take an MVP player like Justin Morneau and turn him into a below average DH.

https://www.urmc.rochester.edu/news...rail-batting-performance-for-mlb-players.aspx

2. Have a deep-rooted mistrust, hatred, or resentment towards women, especially ones that are purdy. If 2017 taught us anything, it's that middle-aged men don't always have the most enlightened attitudes on gender.

This, while enormously disappointing to me, is not surprising.
 

TennisCJC

Legend
well, if I slipped, hit my head and had to withdraw from USOpen; I would sue too. USTA screwed up and they should have to pay. I doubt she get enough to retire but it should be enough that USTA feels it.
 

Shaolin

Talk Tennis Guru
It seems like many posters on this thread:

1. Don't have a clear understanding of the effects of concussion on high-velocity sports movements. Concussions take an MVP player like Justin Morneau and turn him into a below average DH.

https://www.urmc.rochester.edu/news...rail-batting-performance-for-mlb-players.aspx

2. Have a deep-rooted mistrust, hatred, or resentment towards women, especially ones that are purdy. If 2017 taught us anything, it's that middle-aged men don't always have the most enlightened attitudes on gender.

This, while enormously disappointing to me, is not surprising.

I think its more of a deep hatred people have for personal injury suits.

Because of the McDonald's coffee spill thing, now everyone who files a personal injury suit is a villain or neck brace-wearing faker.

As someone with food allergies that can kill me, I can verify that corporations DO NOT CARE about your well being. If I go to a restaurant and order something without mustard, 6/10 it will still have mustard on it. However, if I tell them that I am allergic to mustard when I order it, the order will usually be followed correctly.

This is not because they care if I die or not, this is only because they fear the impending lawsuit if I die or go to the hospital when it says ''no mustard'' on the receipt.

Just how it is.
 

Tshooter

G.O.A.T.
...The case didn't settle because the parties must have been separated by a chasm on damages. I'm sure the USTA and its insurer could have been persuaded to pay Bouchard's medical expenses and her lost tennis earnings for a few months. But her "my career is destroyed"/"my life is shattered" claims of entitlement to millions of dollars were on another plane entirely.

5. The real trial starts now. Should be fascinating...

This.

These cases (if they survive the motion stage) almost always settle. And we don’t know yet if this one won’t or whether the parties have or will agree to a high-low which is a kind of settlement.

They’re not likely going to trial over medical expenses, a known number as far as past and can be estimated as far as future. They must be way apart on “future lost income/earnings capacity.”
 
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Tennisanity

Legend
Once the courts see how Genie is so out there, ala social media, SI swimsuit, all around spoiled brat, she won't be awarded damages as high as she wants. Probably 10 mill at most.
 

mike84

Professional
I am not buying damages are that high.

USTA would have settled that quickly outside court.

Instead let this drag out for years.

Low six figures would seem more reasonable.



edit: Bouchard team could have asked for 10 million knowing they would never get that, USTA after court loss offers them 5 million and case is done.
 

jm1980

Talk Tennis Guru
I am not buying damages are that high.

USTA would have settled that quickly outside court.

Instead let this drag out for years.

Low six figures would seem more reasonable.



edit: Bouchard team could have asked for 10 million knowing they would never get that, USTA after court loss offers them 5 million and case is done.
Apparently Bouchard was originally asking for $50 million, which is why this case went to court in the first place
 

Ray Mercer

Hall of Fame
Lol 10 million dollars. That’s equivalent to what, 3 grand slam wins? She can’t even make the third round of a grand slam. Punitive damages should be abolished.
 

sureshs

Bionic Poster
10 to 15 million dollars may appear too much, but remember she has made all our lives safer, and there is no value you can put on that.
 

JMR

Hall of Fame
Lol 10 million dollars. That’s equivalent to what, 3 grand slam wins? She can’t even make the third round of a grand slam. Punitive damages should be abolished.

Because the case on damages was settled, by definition there were no punitive damages awarded. Nor was the threat of punitive damages a factor in inducing the USTA to settle, since Bouchard had previously dropped her claim for punitives.
 

sureshs

Bionic Poster
Yeah but I doubt the injury prevented her from any type of endorsement work

Why don't you fall on your head, have a concussion, and then, assuming you are still functional and not in a coma, see how life works out?

Lots of folks out here trying to find fault with her who don't have a clue.
 

Ray Mercer

Hall of Fame
Because the case on damages was settled, by definition there were no punitive damages awarded. Nor was the threat of punitive damages a factor in inducing the USTA to settle, since Bouchard had previously dropped her claim for punitives.

Oh thanks for the info. Realistically though if the USTA really were at fault a fair awarding would be medical expenses, legal fees and earnings for the immediate tournaments she had to forfeit. Some of these astronomical settlement amounts are ridiculous.
 

Tshooter

G.O.A.T.
...
3. The USTA offered a defense of liability only because the case couldn't be settled. If a case goes to trial, then you put up all your defenses, even the lame ones...

USTA did good with the 75/25 considering a number of ridiculous arguments it put forth. USTA trying to put it on WTA trainers when the USTA is running the tournament and controlling access to the facilities. :rolleyes:

However, E.D.N.Y. pulls from Nassau County for the juror pool, among other counties. Those Nassau jurors are conservative and cheap. They’re not paying off after seeing you romp around on social media. :D
 
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Bartelby

Bionic Poster
Plucking figures out of thin air? Given the trial is split into two parts, it's prpobable that the USTA was keen to go to court because they thought their liability could be argued down.

Apparently Bouchard was originally asking for $50 million, which is why this case went to court in the first place
 

Bartelby

Bionic Poster
Juries are also filled with class resentment, of the kind you see around here, so a wealthy woman getting more requires a degree of detachment they might not have mustered.

USTA did good with the 75/25 considering a number of ridiculous arguments it put forth. USTA trying to put it on WTA trainers when the USTA is running the tournament and controlling access to the facilities. :rolleyes:

I suspect Genie’s side got a lot more serious about settling after the liability verdict despite her lawyer suggesting 75/25 was a good result. And E.D.N.Y. pulls from Nassau County for the juror pool, among other counties. Those Nassau jurors are conservative and cheap. They’re not paying off after seeing you romp around on social media. :D
 

Bartelby

Bionic Poster
If the locker room had its final clean for the night and no one was allowed to use it, a simple locked door would have sufficed.

She was still playing, and still in need of a locker room, and yet everyone had gone home for the night.

The USTA is the author of this misfortune.
 
D

Deleted member 756486

Guest
Federer has now obtained Genie's lawyer and contemplating action against his own child for his bathtime negligence.
The GOAT doesn’t need a lawyer.
The GOAT simply asks and he receives :cool:
 

tennisaddict

Bionic Poster
The USTA should have just offered Workers Comp just like every other American corporation. Don't allow punitive damages.

Employee can file a lawsuit only when Employer intentionally hurt you.
 
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Bartelby

Bionic Poster
There were no punitive damages argued here, so you are completely wrong.

An employer hurting you intentionally is called a crime, so you are completely wrong again.

Workers comp usually concerns paid employees, so you are completely wrong ... and three strikes so you're out!

The USTA should have just offered Workers Comp just like every other American corporation. Don't allow punitive damages.

Employer can file a lawsuit only when Employer intentionally hurt you.
 
D

Deleted member 688153

Guest
The solution to the problem is to replace all janitors with Roomba type robots
Okay so a while back I was staying at a hotel that used those.

Early one morning while staying there I had a shower and was leaving the bathroom in my room. I wasn't looking down, and I kicked the device with significant force. It landed upside down, but luckily both the robot and my foot were okay.

Its dust collector thing was knocked free though and spilled slightly. So we had to call a human cleaner to the room anyway. :D
 
D

Deleted member 688153

Guest
Also @sureshs I doubt that idea would work very well. Human janitors are a lot better than those things even at the best of times.
 
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