Leger v. Bemis Bro. Bag Co.

Plaintiff Scott Leger (hereinafter “Leger”) sued the defendant Bemis Company, Inc. (“Bemis”) in tort for injuries allegedly sustained when Leger fell into a vat of glue or caustic adhesive material at Bemis’s manufacturing facility on September 25, 1988. The parties agree that at the time of the incident Leger was trespassing. They disagree whether Leger should be deemed a child trespasser to whom a duty of reasonable care is owed under G.L.c. 231, §85Q and the common law. If Leger is not deemed a child trespasser, the parties agree that the duty owed would be to refrain from willful, wanton,…