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Civil Procedure Keyed to Field
Menard v. CSX Transportation, Inc.
Citation:
698 F.3d 40 (1st Cir. 2012)Facts
Menard (Plaintiff) regularly walked through CSX’s (Defendant’s) railroad yard to get to his home. On the day of his accident, he made eye contact with several of the CSX employees as he walked across the railroad tracks. His right foot was crushed by an activated rail switch, and upon freeing himself he was struck by a moving train and dragged under it resulting in severe injuries, including the severing of his left leg. Menard brought a tort action against CSX. The district court ruled that Menard was a trespasser and that Menard’s complaint failed to state a claim under state law since CSX had met the requisite duty of care. However, if CSX employees had known Menard was in trouble they owed him a greater duty of care. Menard’s original claim did not provide any facts about whether CSX employees knew he was in trouble or would have been able to take reasonable steps to help Menard.
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