Menard v. CSX Transportation Inc.
First Circuit
698 F.3d 40 (2012)
Mark Menard (plaintiff) got his foot caught on a rail switch while trespassing in a CSX Transportation (defendant) freight yard, then staggered about 30 feet and was hit by a train, suffering serious injuries. Menard didn't dispute that he was trespassing, but claimed — on information and belief — that CSX employees knew he'd been hurt on the switch and therefore owed him a duty of care under Massachusetts law, which requires a landowner to protect a trespasser it knows is in peril. The district court dismissed Menard's complaint for failure to state a claim, reasoning he was a trespasser owed no duty, and it also denied him leave to amend.
Whether limited discovery is appropriate when it may produce evidence that would render an otherwise thin claim plausible on its face.