Le Lézard
Classified in: Sports and recreation
Subject: Lawsuit

Newsome Melton Secures $9 Million Jury Verdict in Tennis Pro Kylie McKenzie's Case Against USTA


The law firm of Newsome Melton announced today that a jury in Orlando federal court awarded tennis pro Kylie McKenzie $9 million in damages, acknowledging the harm caused by the negligence of the United States Tennis Association (USTA), in failing to protect McKenzie from sexual assault by her former coach, Anibal Aranda.

The week-long trial before the Honorable Paul G. Byron, U.S. District Court of the Middle District of Florida, concluded today with the jury unanimously finding that the behavior of the USTA not only warranted compensatory damages, but also punitive damages. The jury's finding of $6 million in punitive damages is meant to punish the USTA and to deter the USTA and other national governing bodies from failing to protect athletes from sexual misconduct by coaches. The jury compensated McKenzie not only $3 million as compensation for her past and future damages as a result of the sexual assaults but also $6 million in punitive damages, bringing the total verdict to $9 million.

McKenzie's legal team was led by Newsome Melton attorneys Amy Judkins and Maegen Peek Luka along with attorney Robert Allard from the law firm of Cerri, Boskovich & Allard.

The lawsuit against the USTA alleged that the USTA negligently failed to protect McKenzie from sexual assaults and was also negligent in supervising and retaining Aranda after he sexually assaulted a USTA employee.

Prior to the trial, Judge Byron ruled that the USTA had a duty of care to protect athletes in its Player Development program from sexual misconduct by coaches. The ruling underscored the USTA's role as the national governing body of tennis, entrusted with the protection of individuals within its programs. Additionally, the order highlighted findings from an investigation by the United States Center for SafeSport, a federal agency tasked with addressing sports-related sexual misconduct, which confirmed Aranda's misconduct toward McKenzie.

Throughout the trial, the jury was presented with evidence indicating that teenaged McKenzie was left unsupervised, contrary to the USTA's policies mandating supervision during practices. The jury was also presented with evidence indicating that a USTA manager who was a mandatory reporter of sexual misconduct failed to report her own sexual assault by Aranda four years earlier and chose to take no action short of reporting in order to safeguard McKenzie.

Finally, tennis legend Pam Shriver provided testimony in the case. Shriver's testimony, in addition to facts such as McKenzie's testimony about being instructed to inform anyone inquiring about her absence from practice that she was unwell, as opposed to disclosing her status as a victim, led the jury to determine that punitive damages were warranted to ensure that the USTA would supervise coaches with vigilance in the future.

This press release may constitute Attorney Advertising in some jurisdictions under the applicable law and ethical rules.


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