USTA Says It’s Not Their Fault That Eugenie Bouchard Fell In The US Open Locker Room
by Tom Gainey | November 17th, 2015, 10:21 am
  • 14 Comments

The USTA responded to Eugenie Bouchard’s claim the organization and the US Open were negligent in the fall and subsequent concussion sustained by the Canadian star at the event in September.

In a 16-page filing, the USTA argued that Bouchard should have known how things work in the locker, and she entered without any authorized personnel present. Hence, she assumed the risk.

They also said the locker rooms are always lit as was the case the night Bouchard slipped and hit her head. Therefore, the USTA argues, Bouchard was able to see any obstacles.

The USTA also pointed out that since the fall, Bouchard has still been active on social media which goes against her claims of impairment and physical injury.

They added that any claims of lost money were “speculative.” In her suit, Bouchard was looking for a seven-figure decision.

Both sides are interested in going to a jury trial, so that’s where this may be headed.


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14 Comments for USTA Says It’s Not Their Fault That Eugenie Bouchard Fell In The US Open Locker Room

Ben Pronin Says:

I have to agree with the USTA here. I really wonder who Bouchard’s lawyer is that they would even recommend filing this suit. It’s a locker room, dude. Of course there might be some wet goop on the floor.


Leo Says:

“The USTA also pointed out that since the fall, Bouchard has still been active on social media which goes against her claims of impairment and physical injury.”

Ha ha ha ha ha! Since she can type, she must be physically fine. Nice logic, USTA.


Dan the Man Says:

This will be interesting… I remember that there were supposed to be people in the locker room and it was supposed to be lit, and it wasn’t. It was as if the locker room was shut down for the night, so that assertion from the USTA appears to be incorrect.
I also can’t believe the USTA would say that she is active on social media so therefore she is fine ?!?!
On the other hand, proving damages on Bouchard’s part will be somewhat difficult to do. I’m not sure in these kinds of suits if you pick a high number and then negotiate downward? Maybe that is the strategy.
This will be interesting to see how this plays out.


RZ Says:

@Leo and Dan – I think the point about social media is that Bouchard has shared pics showing and posts describing her going out and doing stuff.


elina Says:

I guess the USTA equates going out and doing stuff with playing professional tennis.

Interesting.


Leo Says:

@RZ, even still – going out and doing stuff is not the same as playing a professional sport. How the USTA does not get that difference, boggles my mind.


Okiegal Says:

I worked in the judicial system for many year More lawsuits were settled outside of the courtroom than going to trial. It’s cheaper to settle on an agreed amount than going through litigation that could go on for months. I’ve seen cases go on for a year or two or even three….not worth the aggravation by some people’s estimation……pay her and move on to the next slip and fall case…..lol


SG1 Says:

There are lies, damned lies…and then there are the USTA’s facts.


Ben Pronin Says:

If this goes to court then the USTA can say Bouchard is wasting time in court instead of practicing or playing tennis which blows up her whole case of “if I hadn’t slipped I would still be winning matches!”

But yeah, I really doubt it goes to trial.


Chrisford1 Says:

Elina – If Bouchard is out showing no physical impairment on activities she broadcasts on social media, it undermines her claim. Much as the Rev Al SHarpton’s daughter suing NYC For 5 million dollars for “permanent pain and impairment” after wrenching her ankle on a pitted sidewalk was undermined by her celebratory photos of her mountain climbing feats in Indonesia.


RZ Says:

@Leo – Chrisford1′s post above gets to the point as to why the USTA would use the social media (though I agree going to a Halloween party isn’t the same as playing a professional sport).

My guess is that this gets settled out of court. As Okiegal mentions, the majority of cases are settled outside. Which means we may never know the actual outcome if it’s a closed settlement


Dan the Man Says:

For sure this will be settled out of court. The vast majority of these cases are. It’s just interesting to see the opening arguments for this case. Some very weak, on both sides. I do disagree with Ben, however. There is duty of an organization to keep their facilities safe. Even if everybody knows the floors could be slippery, that doesn’t relieve the USTA from their duty to go above and beyond to clean that up and make it safe.


SG1 Says:

Genie has been in many a locker room and never fallen or slipped in any of them. There were some unusual circumstances as she got to the locker room early in the morning. Its possible that the people that were responsible for managing the locker room area decided to go home without telling anyone. Genie shows up, slips, bangs her head on the floor. Not all that far fetched. This is a world class athlete. She’s not going to wipe out for no good reason. While it’s likely that Genie will settle with the USTA, I suspect the USTA has a lot to answer for. It’s too bad we’ll likely know what really happened.


SG1 Says:

…never know what really happened.”

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