final report by NYT:
Rothenberg
"Eugenie Bouchard and the United States Tennis Association reached a resolution on Friday, ending Bouchard’s lawsuit over the head injury she sustained from a fall at the 2015 United States Open.
The terms of the settlement are sealed and confidential.
“It’s been a long time, but it’s something I wanted to do,” Bouchard said of the lawsuit. “It’s been two and a half years, so I’m happy it’s over.”
In a statement later Friday, the U.S.T.A. said the matter “has reached an amicable conclusion for both parties” and added, “We also wish Ms. Bouchard the best of luck moving forward.”
Bouchard
sued the U.S.T.A. in October 2015, about six weeks after she slipped on cleaning fluid on the floor of a dimly lit trainers room at the U.S. Open in New York. She had to withdraw from the singles, doubles and mixed doubles events, and she did not complete a match for the rest of that season.
https://www.nytimes.com/2018/02/23/...ement=9&pgtype=sectionfront#story-continues-1
Bouchard, 23,
won the liability phase of the trial on Thursday, though the jury said that she bore 25 percent of the comparative negligence for her injury. That meant that the U.S.T.A. would have had to pay Bouchard only 75 percent of whatever value the jury assigned to her damages.
“I feel vindicated that I got the verdict yesterday,” Bouchard said. “Just relief and happiness right now.”
After each side’s lawyers made lengthy opening arguments in the damages phase of the trial at the United States District Court for the Eastern District of New York, proceedings were suspended for four hours as the legal teams, Bouchard and representatives from the U.S.T.A. met.
Benedict Morelli, Bouchard’s lawyer, initially said he was ready to put her on the stand after the hours of talks had not yielded a resolution. She testified Wednesday in the liability phase of the trial. But in the corridors of the courthouse, Morelli appeared to persuade Bouchard, who was alongside her mother, Julie Leclair, to take the deal the U.S.T.A. had offered.
“When people attack you and attack your name, you get affected by that,” Morelli said of Bouchard’s hesitation. “When you’re resolving it, you want to make sure you can live with it.”
“She’s pleasantly living with it,” he added.
Leclair began to cry as she expressed her relief at the settlement.
“Just relieved that it’s over,” she said. “We try to put it out of our minds, but it’s been a tough two years. Tough on her, tough on the whole family, and I’m just glad it’s over.”
The opening arguments of the damages phase set up what could have been fascinating, speculative arguments about how Bouchard’s career might have proceeded had the injury not occurred
- She reached the fourth round of the 2015 U.S. Open before being forced to withdraw. Morelli contended that Bouchard, then No. 25 in the world, was likely to win her next two matches and make the semifinals, because she was ranked ahead of the women who would have been her opponents, No. 43 Roberta Vinci and No. 40 Kristina Mladenovic.
He further argued that Bouchard would have had a chance to win against top-ranked Serena Williams in the semifinals, mentioning that “Genie has beaten Serena Williams in the past.” He did not disclose that that win had come at the Hopman Cup exhibition event, which is not counted in head-to-head records.
Alan Kaminsky, the U.S.T.A.’s lawyer, countered by pointing out that Bouchard’s results had been poor throughout the 2015 season. He noted that she had lost, badly, to Vinci just one week before the Open and that she had a losing record against Mladenovic.
“The chances of her winning the U.S. Open that year were extremely not good,” Kaminsky said.
The U.S.T.A. also appeared ready to dispute the nature of Bouchard’s injury itself, rebutting the diagnosis of a concussion. (At the time of her withdrawal from the tournament, Open officials announced that a concussion was her official reason.)
Kaminsky said that numerous magnetic resonance imaging exams were found to be negative for a concussion.
“She did have a bang to the head, and was treated properly for that,” he said.
Kaminsky also countered Bouchard’s assertion that she had lost millions in possible endorsement deals because of the fall, saying she “did not lose one endorsement deal” after the accident.
“When you hear how much money Ms. Bouchard has made from endorsements, you’re not going to believe it,” Kaminsky told the jury. “It’s staggering.”
The jury did not end up hearing that information, which Bouchard had been eager to keep private. She had filed a motion, which was denied, seeking to remove reporters from the courtroom for testimony regarding her endorsements.
Bouchard had also wanted her social media posts to be kept out of the trial, arguing that they painted a misleadingly sunny portrait of her life since the injury. Judge Ann M. Donnelly ruled against that request, too, saying that the court is public and that social media is an admissible record of her state of mind pertaining to various claims of emotional damages and psychological suffering.
Bouchard’s next tournament is expected to be in Indian Wells, Calif., in March. She is currently ranked 116th, well outside the cutoff for the main draw, but she said she was hoping to receive a wild card.