Like many expected, Eugenie Bouchard has filed a lawsuit
against the USTA stemming from her fall in the locker room during the US Open
which purportedly gave her a concussion and forced her to withdraw from the
tournament. As with most lawsuits
there's a good chance it settles, but should it go to trial the issue of
determining damages could be quite interesting.
In addition to damages for pain and suffering and whatever
else she is claiming, Bouchard will presumably be seeking damages based on the
lost earnings the injury has cost her.
Given that tennis players have no guaranteed income and their earnings
depend on them winning matches, Bouchard would be trying to convince a jury
that because of the fall she has lost out on a significant amount of money that
she otherwise would have won had she been playing.
This could put Bouchard in a somewhat awkward position,
given that the defense attorneys would be arguing the damages she suffered as a
result of her injury were minimal. Essentially, they would try to establish that
based on her form throughout 2015, it's unlikely she would have earned much
money had she been playing. It could be
a bit embarrassing for Bouchard if Exhibit A is a screenshot of her poor 2015
results from the WTA's website.
It's hard to believe Bouchard wouldn't get a bit frustrated
when the defense attorney asks her "Isn't it true that you lost to
Ying-Ying Duan in the first round at Wimbledon ?
...." ... "And, she's not ranked in the top 100 in the world, is
she?" (as he proceeds to go down the list). Bouchard's attorneys would presumably
introduce evidence of her strong results and earnings in 2014 and argue she was
moving in the right direction based on a strong US Open pre-slip, and then it
would be up to the jury to award whatever amount of damages they think is
appropriate. Moreover, Bouchard claiming
that her ranking is falling because of the injury could seemingly get picked
apart, given that it was plummeting pre-injury based on all the points she
failed to defend from 2014 throughout the year.
It probably won't make it to that point, but it's hard not
to be intrigued by the potential battle
at trial over the earnings she lost as a result of the USTA's alleged
negligence.
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