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Civil Procedure Keyed to Field
Menard v. CSX Transportation Inc.
Citation:
698 F.3d 40 (1st Cir. 2012)Facts
Mark Menard lived near a CSX railroad freight yard in West Springfield, Massachusetts, and regularly walked across the yard to reach his home, as did other area residents. On July 30, 2008, Menard entered the yard and made eye contact with at least three CSX employees, including a conductor and engineer operating a slow-moving train. None told him to leave, though the conductor waved his arm, apparently directing Menard to move in one direction. As Menard crossed the yard, his right foot was pinned and crushed when an activated rail switch moved a segment of track. After freeing himself, Menard staggered approximately 30 feet before being struck by an oncoming train. He grabbed the train to avoid being dragged under but ultimately fell beneath it, resulting in the severing of his left leg, severe damage to his left arm, and later amputation of his right foot. Menard filed suit nearly three years after the accident, alleging both negligence and willful, wanton, and reckless conduct by CSX.
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