As 2015 U.S. Open Concussion Lawsuit Continues, Eugenie Bouchard Falls In Day 2 Of 2016 Open

Eugenie Bouchard’s tumble at the 2015 U.S. Open remains an incident that is very present in the minds of many.

Eugenie Bouchard Falls In Day 2 Of 2016 Open

The 22-year-old Canadian, who late one night after a mixed-doubles victory sustained a concussion that forced her to withdraw and miss subsequent tournaments, filed a lawsuit in October against the U.S. Open and the United States Tennis Association.

The 39th-ranked Bouchard lost her first-round match at this year’s Open on Tuesday against 20-year-old Czech Katerina Siniakova, 6-3, 3-6, 6-2. The win marked Siniakova’s first career U.S. open victory.

Nearly one year after Bouchard’s concussion, the case that began surround it is far from settled. No depositions have been taken.

In a statement last week, Chris Widmaier, the U.S.T.A.’s managing director of corporate communications, re-stated the organization’s position of not commenting on ongoing litigation, although he added that he was disappointed with the tennis star from Montreal.

“It is truly unfortunate that a year after her accident, Genie’s focus is on matters other than playing to her best ability,” Widmaier said, adding: “Her lawyers asked for an extension; the U.S.T.A. on the other hand, has remained ready, willing and able to bring the litigation to a conclusion as expeditiously as is possible, whether through settlement discussions or a fully litigated process.”

Widmaier also said the litigation would have “no impact” on how Bouchard was treated at this year’s tournament, and he mentioned a wild card she was granted weeks ago into the Western & Southern Open in Mason, Ohio, as a show of support and good will. (The wild card was only for the qualifying draw.)

 Bouchard stated she had been treated well at the Open, although she rejected the U.S.T.A.’s assertion that her primary focus had been on her legal battle.

“I am 100 percent focused on tennis,” Bouchard said. “I have lawyers who are working on the case. I don’t think about it very often at all — maybe once a month when they call me.”

She added: “Yeah, I’m disappointed in what happened, so I have to fight for what I think is right.”

Benedict Morelli, Bouchard’s lawyer, stated in an interview last week that taking a deposition from his client before the Open would have been a distraction, and that she would be ready once her season finished in October.

“You can’t disrupt her training as she’s starting the Open,” Morelli said. “You’ll take it on her break.”

 Bouchard’s suit maintains that the organizers are liable because her injury resulted from a slippery, foreign substance on a tile floor, in a room that was left open and unattended.

“They know that they caused this problem,” Morelli said. “They don’t deny that she fell, they don’t deny she got hurt, and they’re not disputing any of that. Then why not concede that you’re the one who set up this whole situation of a slippery floor?”

Morelli also stated he objected to what he considered unnecessarily “hardball” legal strategies, including the serving of a subpoena to the limousine driver who took Bouchard and her mother, Julie Leclair, to the hospital.

Morelli did not give specifics on the amount he sought in damages for Bouchard. He has previously indicated that he is seeking “millions and millions.”

Aside from Siniakova, another winner at the US Open on Tuesday was fifth-ranked Romanian Simona Halep. The 24-year-old cruised through her opening-round match, defeating Kirsten Flipkens 6-0, 6-2.

No. 6-seed Venus Williams, meanwhile, won a tough battle against 22-year-old Ukrainian Kateryna Kozlova in the last day session match on Arthur Ashe Stadium on Tuesday. After taking the first set in 38 minutes, Williams dropped the second despite initially leading 3-0. Nevertheless, the American– a two-time U.S. Open champion– ultimaetly came away with the first-round win, 6-2, 5-7, 6-4.

On the men’s side, after winning bronze in singles at the Rio Olympics, Japan’s Kei Nishikori beat German Benjamin Becker, 6-1, 6-1, 3-6, 6-3, in his opening match. The No. 6-seed will next play Russian qualifier Karen Khachanov, who beat Thomas Fabbiano 6-3, 6-3, 4-6, 6-3 on Tuesday.

 No. 3-seed Stan Wawrinka of Switzerland advanced in straight sets in his first match, beating Spain’s Fernando Verdasco 7-6(4), 6-4, 6-4 for his 20th hard-court win of the season.

Caption:MELBOURNE, AUSTRALIA – JANUARY 20: Eugenie Bouchard of Canada plays a forehand in her second round match against Agnieszka Radwanska of Poland during day three of the 2016 Australian Open at Melbourne Park on January 20, 2016 in Melbourne, Australia. (Photo by Mark Kolbe/Getty Images)