Legal Opinion
Menard v. CSX Transportation, Inc.
Court of Appeals for the First Circuit
Decided October 24, 2012No. 12-1155PublishedCited by 90 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
Mark Menard and Carol Menard appeal from a district court order dismissing their complaint for failure to state a claim and denying their motion to amend the complaint. Mark Menard, whom we refer to as “Menard,” was permanently injured while crossing through a railroad freight yard; the district court ruled that his complaint against CSX Transportation, Inc. (“CSX”) failed to assert sufficient facts to overcome his status as a “trespasser” and thereby state a claim under Massachusetts law.
Menard’s version of the accident, which we accept as true for purposes of the…
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