Where a defendant railroad was awarded summary judgment in a suit brought by a plaintiff who was injured while trespassing, a remand should be ordered to allow the U.S. District Court to determine whether limited discovery is warranted on the issue of whether the “peril” exception is applicable.
Menard, et al. v. CSX Transportation, Inc. (Lawyers Weekly No. 01-281-12) (13 pages) (Boudin, J.) (1st Circuit) Appealed from a decision by Ponsor, J., in the U.S. District Court for the District of Massachusetts. Thomas J. O’Connor Jr., with whom S. Thomas Martinelli was on brief for the plaintiffs-appellants; Andrew E. Tauber, with whom Brian J. Wong and Mayer Brown were on brief, for the defendant-appellee (Docket No. 12-1155) (Oct. 24, 2012).