BERRY v. COMMERCE INSURANCE COMPANY

SJC-13089.

488 Mass. 633 (2021)

RUSSELL BERRY v. COMMERCE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Bristol.

October 25, 2021.


Attorney(s) appearing for the Case

Mark C. Darling for the defendant.

Claudine A. Cloutier for the plaintiff.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.


This case concerns the question whether a police officer, who was a certified firearms training instructor, was acting "within the scope of his office or employment" under the Massachusetts Tort Claims Act (act), G. L. c. 258, § 2, when his personal vehicle struck and seriously injured a fellow officer during a paid lunch break...

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