Menard v. CSX Transp., Inc., No. 12-1155 (1st Cir. 2012)Annotate this Case
Mark and Carol Menard appealed from a district court order dismissing their complaint for failure to state a claim and denying their motion to amend the complaint. Mark Menard (Menard) was permanently injured while crossing through a railroad freight yard. The district court ruled that his complaint against CSX Transportation, Inc. for recklessness and negligence failed to assert sufficient facts to overcome his status as a "trespasser" and thereby state a claim under Massachusetts law. The First Circuit Court of Appeals vacated the district court's judgment and remanded to allow Menard to explain to the district judge what basis he had to believe that narrow discovery was warranted for his peril-and-negligence allegation, which would prove an exception to the trespasser rule.