The U.S. Tennis Association (USTA) is seeking to overturn a $9 million verdict related to its failure to protect player Kylie McKenzie from sexual abuse by her coach, Anibal Aranda. In a motion filed with a Florida federal judge, USTA argued that the jury's decision was "against the weight of the evidence."

US Tennis Retrial Request : USTA's Argument Against the Verdict

USTA contends that McKenzie did not meet the burden of proof required to demonstrate that the organization, as the national governing body for tennis, should have known about Aranda's predatory behavior and failed to take adequate measures to protect her. The core of USTA's argument is that the judge improperly found the organization negligent in relation to the 2018 assault on McKenzie, which they believe created confusion among the jurors regarding USTA's culpability.

"By stating the court 'found as a matter of law' that negligence 'has, in fact, occurred' and limiting defendants' closing to a 'medical damages-related discussion,' the court relieved plaintiff of its burden to establish causation," USTA stated. They argue that the court's handling of the case influenced the jury's decision and led to the unfavorable verdict.

Claims of Reasonable Care

USTA emphasized that it took "reasonable care" to protect McKenzie by creating a safe environment, supervising players, instituting protective policies, and proactively informing the public about coaches accused of misconduct. They argue that the court misrepresented these efforts during the trial.

"The court erred when it removed from the jury the question [of] whether the USTA breached a duty to plaintiff and disregarded evidence to grant judgment as a matter of law on breach," USTA wrote. They believe the jury would have concluded that USTA took reasonable steps to protect McKenzie and did not breach its duty.

US Tennis Retrial Request : Request for a New Trial

In light of these alleged shortcomings, USTA has requested the court either rule in its favor or order a new trial with clearer guidelines. Attorneys for McKenzie and representatives of USTA have not commented on the motion.

McKenzie sued USTA for negligence, citing a 2014 incident between Aranda and the organization's senior manager of player development, Jessica Battaglia, as a warning sign of Aranda's propensity for sexual violence. USTA, however, argued that the incident was not relevant to the case as Battaglia was Aranda's co-worker, not a subordinate.

Previous Ruling and Damages

Earlier this year, U.S. District Judge Paul Byron ruled that sports governing bodies have a duty to protect young players and found that USTA breached this duty in McKenzie's case. This ruling led to a damages trial where a Florida federal jury awarded McKenzie $6 million in punitive damages and $3 million in compensatory damages, which USTA described as "grossly excessive."

"Plaintiff failed to establish by clear and convincing evidence that the USTA's conduct was reprehensible at all—let alone enough to warrant $6 million in punitive damages," USTA stated in its motion.

US Tennis Retrial Request : Legal Representation

McKenzie is represented by Amy L. Judkins of Newsome Melton PA, and Robert Allard and Mark J. Boskovich of Corsiglia McMahon & Allard. USTA is represented by Kevin W. Shaughnessy, Meagan L. Martin, Erin M. Sales, and William S. Weber of BakerHostetler.