After months of quiet, Eugenie Bouchard concussion lawsuit rhetoric heats up

Since the initial filing of Genie Bouchard’s lawsuit against the US Tennis Association last October in the wake of the concussion she suffered in an fall in the women’s locker room last Sept. 4, and the confident comments of her Manhattan attorney Benedict Morelli at the time, there have been more than 10 months of relative public silence.

There also has been little progress towards a resolution and with some recent extensions, it seems a trial may indeed be destined to happen but could be six months to a year away.

But with Bouchard’s return to the US Open, which begins on Monday, both sides have fired some salvos.

The USTA’s official statement, as first published on the Sports Business Daily website Friday, reads as follows:

Many Bouchard fans have wondered whether the USTA would somehow penalize the Canadian during the Open, whether it was exiling her to the most distant practice courts or scheduling her matches on small, outer courts in non prime-time slots.

That’s alarmist, of course. Anything in that regard, such as not giving her a show court (depending on the quality of her opponent; let’s remember that Bouchard is ranked No. 40) would only add fuel to the plaintiff’s contention that the concussion incident caused serious harm to her career.

It won’t happen, although every move is sure to be analyzed to death.

Widmaier also mentioned that the USTA, which has some sway at the big joint WTA/ATP joint tournament in Cincinnati last week (although it is owned by the Octagon agency), did give Bouchard a wild card to help her better prepare for the US Open.

It was a wild card into the qualifying and not the main draw. But Bouchard did win two matches to get through.

Bouchard certainly had a primo practice court Friday.

She also appeared at an exhibition event with, among others, the Bryan brothers.

In the meantime, Bouchard attorney Morelli has been speaking to various media outlets.

"They were stalling. Now we're ready to move." Morelli told ESPN. "They have indicated that they wanted to settle. We didn't talk specific-specific, but let's just say their side of the conversation was unrealistic.”

ESPN also wrote that Morelli accused the USTA of trying to escape its obligations "on the cheap."

"It's interesting that they don't want to take care of their own. This is someone who's made them a lot of money,” Morelli told them, presumably referring to Bouchard.

In a statement to TSN, Morelli wrote that “The USTA should talk the talk, not just walk the walk. If the USTA wants to actually support its player like they say, they should concede liability and take responsibility for the accident they caused. We gave the USTA’s lawyers the opportunity to do so but they refused.”

In fact, it doesn’t appear the USTA were the ones most recently extending the process – other than not being willing to settle. Less than a month ago, Bouchard’s lawyers requested a significant extension (90 days) on all remaining discovery deadlines, pointing to Bouchard’s hectic travel schedule as the culprit because it led to her not being available to schedule the necessary time.

Sports Business Daily also reported Friday that two weeks ago, the USTA’s lawyers subpoenaed the driver who chauffeured Bouchard back to her Manhattan hotel after the incident occurred and were prepared to do the same to Bouchard’s mother Julie Leclair, until Morelli assured them she would do it voluntarily. Morelli also told SBJ he now has a list of the people on duty in the women’s locker room that day and that those attendants would also be giving depositions.

In short, there are still miles to go before this one is put to bed. But as Bouchard returns to the scene of the incident one year later, the issue is on the front burner again. And although Bouchard will surely not comment on it, it will hang over the tournament as long as she is in it.

Her draw isn’t too bad for the first two rounds, but she could face world No. 4 Agnieszka Radwanska of Poland in the third round if both get there. Bouchard is defending fourth-round ranking points after reaching the final 16 a year ago. That’s when she was forced to withdraw before a match against Roberta Vinci of Italy because of the effects of the concussion.