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No matter how this works out right now all we know about this event is what Bouchard and her lawyers have said. The USTA isn't talking. Just because Bouchard says this is what happened doesn't make it the whole truth. As has been mentioned she was not the only player on the grounds that late and the room had been closed for the night.

I do wonder what effect this will have on her career. You have to be able to get insurance to play right? Asking because I really don't know. If a player is automatically covered by tournament insurance what insurer in its right mind is going to insure her enabling her to play anywhere in the world? Unless this is her retirement package she could end up virtually blacklisted.

I'm not hating I just wonder if she and her family have thought that far ahead. Allaster isn't there to cover her tracks anymore. I wonder if Jill is having second thoughts about repping her too?
 

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Great post Denzera.

First of all, the USTA, as well as, surely, any other named party in the lawsuit, all have their own commercial general liability insurance policies. These policies promise to cover them against any expenses (defense costs + settlement costs) related to suits alleging negligence. So the USTA will be out precious few nickels even if they settle or lose in court. However, it's not entirely up to the USTA - their insurer has the final say on whether to accept a settlement, and while they probably wouldn't accept one without the approval of their insured (i.e., the USTA), the USTA certainly could not force one on the insurer's dime without the insurer agreeing to the terms. But the only people this is going to really cost at the USTA are the janitorial staff and supervisors.
Most of the staff at the US Open work there every year and pretty much know the drill. I think the question about why it was just her who was attempting to walk through a darkened room when other players were there. I think Svitolina was mentioned by someone upthread.

Denzera if an offer was made and the Bouchard team decided it was not enough could that cause the same situation we're seeing now? I know you went through it in your original post but I'd like a bit more clarification. Thank You.
 

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It's so sad to see most of these posters/trolls attacking Bouchard for suing the USTA when they don't even understand the laws in the U.S. Bouchard's name is just a dog whistle for them to unleash their inner discontent with their own existence.

Claimants in liability cases have to initiate lawsuits to seek compensation. This is the first and normal step in the due process. Similar suits, on much smaller scales, are filed everyday in this country, most of them regarding property damages, product liability and various kinds of injuries. One of the reasons a lawsuit is even necessary is that insurance companies will never voluntarily pay for damages. If and when a judgement is rendered against the USTA, the insurers will be paying for the damages, not the USTA. Thus, the USTA is not allowed to comment because the comments could tie the lawyers hands.

The trolls would probably have tripped over themselves to file their lawsuits if this had happened to them and if they lived in a country where there is recourse for the average citizens. But their antipathy for others is a sad indictment on humanity, or the lack there of. They don't realize a lot of these lawsuits litigated in the U.S., past and present, have made corporations, organizations and individuals accountable for their actions all over the world. It could have been worse for Bouchard if she had been knocked unconscious and alone for a long time without help. Hillary Clinton had a similar accident at the State Department a few years back and had to wear thick corrective glasses for a while to mitigate double vision caused by her concussion. She seems to have make a full recovery. Let's hope Bouchard will do the same.

Let's also hope something good comes out of this in addition to Bouchard getting her compensations. The USTA and other tournament organizers have to put players' health and safety first before their business concerns. These are tennis players, not gladiators fighting their way out of being luncheon meat to lions. The U.S. Open organizers could have done a number of things to avoid this accident, such as rescheduling a second match when they knew a player was already exhausted from an earlier one, postponing or canceling a late presser all together, etc. Is it so important for media people to ask players the same meaningless questions over and over? Do we really want to see Jack Sock and other players die out there? What's the point of playing best of five in extreme weather conditions? Some of the trolls would probably retort that not everyone was cramping and fainting. Well, not everyone was the President of the United States, but some of us were, and some of us will be.

The U.S. Open was the first grand slam competition to offer equal prize money to men and women. It's time for it to lead again and modernize the majors.
I was fine with this - most of it is very good - until Jack Sock came up. His failure to hydrate was his decision not the tournament's, He's the only player who had such a dire physical reaction.

Also if a player doesn't do his/her post match presser he/she can be fined. Bouchard did her presser looking as if she'd just stepped out of the shower.

I've been in the situation where a jury is enpanelled for a civil suit only to come back from lunch and be told we are dismissed because the parties settled. It's not fun.
 

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Where did you see that she's blaming that her ranking dropped because of this? (apologies in advance if she really said that) It's not like there's no prize money when you lose R1 in every tournament :rolleyes: and as other poster mentioned she also lost a great amount of money in the bonus pool thing. well you can't guarantee that she's gonna lose R1 in every tournament so it does somehow affect her ranking, not much though I agree but that's just not the main point of suing the USTA :confused:
It's part of her law suit. It's posted upthread. It's the basis for asking for more money from the USTA/NTC.

She really could've sued the contractor like Lauren Davis did after it was clear she had suffered permanent effects from her accident. I don't think she intends to play tennis anymore otherwise she wouldn't have done this. What tournament is going to risk insuring her?
 

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Thanks. My Bad. Sorry to Mr.Sharapova then. I read the thread yesterday with my phone and it can't show that "pic" so i missed it. But I guess her ranking dropped isn't the main point of suing/asking for money... and who knows whether her career would revive after the USO R4 "miracle" :p yeah but my fault so sorry.
Oh NP. In a thread of this size it's easy to miss something.
 

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The tourneys insure the players?
I asked this question before and never got an answer so I threw it out there.

Players are independent contractors. In the entertainment business a performer has to be "insurable". I don't see why this would be different in the sports world. I don't know if the player is covered by the tournament's insurance or if she/he has to be able to provide their own. I would think the venue would but I don't know.
 

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One possible interesting wrinkle that I hadn't considered until discussing with colleagues (I'm a lawyer) is that the USTA may be self-insured, so there may be no insurance company in the background to pick up the tab. Will be interesting to see how this all plays out in the legal system.
This may be true and why a few journalists mentioned that work on the roof and the new Grandstand may have to be suspended.
 

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Myles implied she wasn't alone huh? Now THAT is very interesting.

I still say that the USTA/BJK NTC could've settled without a trial and that maybe, just maybe, there are facts that they have that the public is not aware of. Myles is a Canadian and has always gone along with the PR surrounding Bouchard. For her to drop that tidbit is - interesting.

I wonder how involved Allaster was in this as head of the WTA. If this goes to trial it will all come out. Suits like this are sometimes filed to poison the potential jury pool.

Lots of questions.
 

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"If the USTA decides it wants to speak with me, I'm here to listen," he said. "If they want to litigate, that's OK too. Because that's what I do. That's why Genie and her mother hired me."
Huh.

What if Serena had won?

If their suit is based on her chances of winning because Flavia Pennetta won the US Open and therefore anyone, including Bouchard, could've won I'm not quite sure what their stance would've been if Serena had won.

All I see is future suits by low ranked players who injure themselves at a tournament and suing because they could've won.
 

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I support Genie's lawsuit, but his lawyer should rethink the current argument he is proposing. :tears:
In the US the impossible is always a possibility when it comes to sports. The NY Mets baseball team are the prime example of this mind set at the moment.

If this goes to trial before a 6-8 person jury of people not familiar with the workings of tennis but aware of how many teams have overcome the it'll never happen mind set he's got a good chance of winning. You can bet that if a jury is chosen there won't be any tennis fans on it. Hard core tennis fans know what the reality of her winning that event was but most sports fans won't.
 

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It seems that there are two things in the USTA counter suit that bear discussion:

1. There was/is an established protocol for entering the room that includes having supervision from the WTA. It seems that Bouchard was in violation of that protocol.

2. She was not alone. When news of the law suit broke the public was led to believe that Bouchard walked into a darkened room alone. Who was she with and why was that not mentioned in her law suit since her team had to know this would become an issue? Was the other person injured? If not why not? What were they doing in a dimly lit room that based on tournament protocol should not have been entered by any player?

All the other things being said and assumptions that she's going to get paid are based on speculation. The USTA could've settled this out of court. Instead they answered the suit with information that was omitted from the initial filing by Ms Bouchard and her team.

To me this is the heart of the matter.
 

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No they're not, there is a players union, and the players are represented by peers they vote on, to your earlier point. What you called into question is important, because if the players union could get involved and defend Bouchard relentlessly, it would. Thus is the nature of unions. And they didn't. Why not? That is a good question.

What can't seem to be accepted is that, legally, if FOR ANY REASON Bouchard was not supposed to enter that room unaccompanied, and she did, and that is where the accident occurred, then while yes, this represents a very dangerous situation and should be looked at, there may NOT be another party legally responsible for what happened. The policy issues are the USTA/WTA's problem. That isn't something that's going to be litigated. That doesn't matter here. What matters is how she came to be in that room, whether she should have indeed been there, and why if she should have been others weren't.
Exactly.
 
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