The USTA charged in court papers that tennis player Eugenie Bouchard was
responsible for her injuries during this year’s U.S. Open. The Canadian
slipped and fell in the USTA Billie Jean King National Tennis Center’s
physiotherapy room on Sept. 4, allegedly causing a concussion that
forced her to withdraw before the fourth round. Bouchard last month sued the USTA,
alleging she could have won the tournament, had to pull out of others,
and had lost endorsement income. Damages could be millions of
dollars. The USTA, which had not responded to her lawsuit until its
Friday legal filings, claims the fall was her fault. “Plaintiff
[Bouchard] was experienced and well-versed in the procedures and
protocols of the women’s tour, both in the United States and
internationally, and knew or should have known the procedures and
protocols as they related to the operation of the physiotherapy room
adjacent to the women’s locker room at the National Tennis Center and
the attended rooms,” the USTA argued. “To the extent that plaintiff was
in the physiotherapy room as alleged, answering defendants [USTA and the
NTC] state that plaintiff should not have entered the physiotherapy
room as she alleged without the express consent of, or accompaniment of,
authorized personnel.” The USTA also took issue with Bouchard’s
description of the physiotherapy room as dark that night. “The
physiotherapy room at the NTC is never dark; even when the lights are
turned off, 'twilight' lighting remains and partially illuminates the
room,” the USTA argued. “The conditions alleged by plaintiff to have
caused or contributed to her injuries over damages were open and
obvious.” The USTA also contended that on the night of the event,
Bouchard “refused” medical treatment and left the premises. Benedict
Morelli, Bouchard’s attorney, in an email wrote, "It’s a very
boilerplate response. 'Blame the victim.' Predictable."
