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In my mind she would only get the R1 prize money from any tournaments she entered and withdrew from between the incident and a specified point in time, probably the end of the year. Any endorsement money that she lost as a direct result of her being unable to attend her obligations, and of course reasonable pain and suffering. Everything else is just a pile on.

Keep in mind that the case would not be a slam dunk. It really depends on if Genie was trying to significantly cross the dark room at all, as opposed to just taking a step or two to the side of the door for the light switch.

The USTA (or any property owner for that matter) is not under obligation to outright prevent any chance of slipping on a floor, they are responsible only in cases that they would have reasonable notice and understanding that this slip/fall might happen and take insufficient/no steps to prevent or notify patrons of the dangers.
 

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So, she is suing both the USTA and the National Tennis Center. Does that mean there would be two awards?
In some states (including NY), liability is done as a percentage of fault. So, assuming she wins, the judge finds her damages and then assesses how much fault there was on each party (including Bouchard). That represents the percentages of damages each party has to pay. However if some fault lied with Bouchard, she'd lose that much from the total damages and the remainder split by the defs' according to the percentage.
 

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Not sure how any liability can be apportioned on Bouchard. It isn't her responsibility to maintain the safety of the National Tennis Center
Yes, but the jury/judge can potentially find that she (not just her, but any plaintiff in cases like this) was partially responsible for the accident and adjust the damages accordingly.

This is opposed to total liability, in other states, whether either the defendant or the plaintiff are found completely at fault. No partial credit.

In both cases, her damages remain the same but awarded around is quite different (66% vs 100% of 'millions and millions")
 

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There has to be reasoning behind apportioning liability, and outside the USTA showing that Bouchard walked in blindfolded i don't know what can be argued :shrug:
This...

How many people just walk into a dark room?
The USTA would ask that exact same question in an attempt to show that Genie demonstrated poor judgement in trying to cross a dark room regardless of the condition of the floor. The fact that the darkened room bit was left out of the actual lawsuit (from what little I was able to get ahold of) is kinda suspicious and something the Bouchard camp would have to clarify.

Someone sums it up nicely like this:

“While a landowner has a duty to lawful visitors of its property to maintain reasonably safe conditions and to warn of unreasonable dangers, landowners “are relieved of the duty to warn of open and obvious dangers on their premises because it is not reasonably foreseeable that a visitor exercising (as the law presumes) reasonable care for his own safety would suffer injury from blatant hazards. . . Stated otherwise, where a danger would be obvious to a person of ordinary perception and judgment, a landowner may reasonably assume that a visitor has knowledge of it . . . .””
Genie would counter that it is completely reasonable to search for a light in a dark room, but is that something that the USTA should have known or foreseen beforehand...to the point of liability? I'm not sure of the answer to that question. It'd be interesting to watch it play out but it never will.
 

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The minimum her lawyers will put in is the prize money she earned last year between the start of the US Open and the start of the YEC, plus a little extra for Doubles+Mixed at the US Open, probably an appearance fee for Linz, plus the bonus pool money. We are talking a million dollars already just in prize money and appearance fees. My guess they´ll be seeking a minimum of 10 million dollars. At the end of the day Bouchard has to compete at many USTA events for the next ten years and creating such a hostile situation has to be worth her troubles.
Much of that would be thrown out as the nature of those damages is speculative. She wouldn't be facing the same field and was not the same player in 2015 that she was in 2014, even before the accident.
 

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Yes, it is your cynicism, and lack of understanding of our legal system all together. A person cannot just approach another and ask for a settlement or compensation. I don't even think that's legal. In extreme cases, the person from whom you ask can interpret your action as a shakedown and take legal action against you if they don't already call the cops to have you arrested.

It's funny that you try to cast Bouchard as one of the 1% as we would say here, and yet you object to her fighting for her rights against the real one-percenters. The world does have a lot of people who are worse off, but it doesn't mean we should all race to the bottom to join them. Instead, we should invite them to join us. In case you wonder, by 2016, the richest 1% of the people will own more than 50% of the wealth in the entire world.
You can make a settlement outside of court if someone has wronged you. It doesn't need to be in a legal setting. A settlement is basically an agreement for something, usually money, to trade hands in exchange for both parties dropping any cases they have or will ever have. Some stipulate that the terms remain private (but not all), some stipulate the defendant's settlement is not admission of guilt (most do)

Traffic cases do this all the time.
 

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So if you are homophobic, you cant make a good joke? I thought it was funny and I hope she loses. I am with the USTA. I hope she also retires from the sport.....one of the worst thing that happened to Tennis is Chinny
Let me perch for the oncoming Crimson Tide that's about to crash on this.

Defend your Queen gerls.

Defend HA.
 

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I guess part of this question eventually becomes when is she returning...

I mean if she's getting ill during a match under normal conditions, imagine what butt-burning Australia might do to her.

She almost might be better served to come duck the first HC swing and come back during the clay season. Treat it slowly and maybe play an Int'l or two and work up again.

Way far into the future here but just a thought.
 

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I do know why after two years of vitriol against her you are now supporting her in her bid to commit career suicide. That is such a scheming way to behave.


But how would someone that's only been here since October know about a poster's history for the past two years?
 

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She doesn't have to claim she should have won, it's only potential earnings.
But if she wants to collect, she has to demonstrate that it's more likely than not that she would have collected those earnings.

That's like saying someone can slip, fall, and sue for what they could have made for the rest of the year if they got instapromoted to Director of Sales the next day. There has to be some believable basis for thinking she would have collected.

Even Genie herself wouldn't be able to say that with a straight face.
 

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It's weird. She can't very well play in the AO if the case hasn't settled by then because it would undermine her claims to some of her damages.

But if she doesn't she'll lose nearly half of her pts because she's defending a QF. If it stretches into April through IW, then it's over half and she'll likely drop out of the top 100.

She'd then have to go through qua lies just to defend whatever she has left.

Maybe's she's factored that in already into what she's asking for..
 

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It's not the basic outcome (which is itself in doubt), but the potential damages that are at issue here. It's Genie's own legal team that is speaking of "millions and millions", to quote Ben Rothenberg. They've opened the door. If it comes to the point of computing or contesting damages, I don't see how this sort of analysis can be avoided.
Simple. They can just choose not speculate at all. She only gets what she can concretely prove she lost which eliminates any prize money that depends on the outcome to the result (R2 onwards).

Everything else gets tossed.

Honestly speaking, if we were playing this game though:

She already got her earnings from the US Open. She cannot prove that it was more likely than not that she would have beaten Vinci.

R3 result for the rest of the season (Beijing, Wuhan) is more than generous given hard bad of a 2015 she was having.
 

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That isn't true, lost potential earnings are valid for such cases otherwise self-employed people could never sue for damages when they have accidents at workplaces. It doesn't have to be probable income either, she only ahs to show potential lost earnings:

Getting Damages for Lost Income in Your Injury Settlement - AllLaw.com

I sspect the USOs respose is to try and fight every point so that they can meet in "the middle" for a settlement. The further away from Bouchards position they try to frame the argument the nearly to their position they can potentially meet.
But it's up to a final arbiter how much she gets, based on what she's able to prove. Not just that she sues, wins, and then automatically gets the sum she sues for. She has to prove her damages and if she can't do that to a certain standard, the judge/jury can just pick a figure they're comfortable with. If they want to hold her to that strict of a standard, they can. Don't have to, but they can.
 

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Bouchards Concussion Symthoms have returned just after she started hitting balls again. Australia now in Major Doubt.
Called it.

The longer the case goes on, the longer she can't play because it hurts her case. The WTA/ITF isn't going to do shit to protect her ranking if she's suing them and their partners.

Needs to call a truce and take a check quick before this eats into her clay court season and she won't be able to qualify to defend the rest of her points.
 

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Only from the actual top 20 :shrug: The top 4 being worse than her and the others just as bad and I'm sure I'm missing some that I haven't closely watched.
Ginny got a bad rep from her off the court behavior and generally uninteresting (to me) style of game.

You're right that's is way overblown but I do think it's weird to do business with your enemy in court.
 

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Ronda Rousey is 10 times more hated in the MMA community than Genie is in the tennis. I am a huge MMA fan and the day she got knocked out, the Sherdog server crashed and I have never seen a happier place in the Internet in my life. The hate also broke her mentally and she hasnt come back since she got knocked out and she may never fight again
But ESPN stays on her mental strength bandwagon.

Her next title match will be on dancing with the stars.

:haha:
 
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