Menard v. CSX Transportation, Inc.

MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION TO DISMISS AND PLAINTIFFS’ MOTION TO AMEND COMPLAINT (Dkt. Nos. 11 and 19)

PONSOR, District Judge.

I. INTRODUCTION

This case arises from injuries Plaintiff Mark Menard suffered on July 30, 2008, while walking across a rail yard owned and managed by Defendant CSX Transportation, Inc. Count I alleges that Defendant was reckless and negligent when it permitted dangerous train operations to continue while knowing that Mr. Menard was in the rail yard. Count II asserts loss of consortium on behalf of Plaintiff Carol E. Menard, Mr. Menard’s mother.…