Berry v. Commerce Insurance Co.Annotate this Case
The Supreme Judicial Court affirmed the judgment of the superior court concluding that the tortfeasor in this case, a police officer, was not acting within the scope of his employment at the time of the accident, holding that there was no error.
Officer Shawn Sheehan and Officer Russell Berry, both of the Raynham police department, were undergoing a day-long mandatory firearms training on town-owned property when Sheehan struck Berry with his car after purchasing lunch. Berry sustained severe injuries to his leg and submitted a written demand letter to Commerce Insurance Company, claiming that Sheehan's liability was clear and that Commerce, as Sheehan's automobile insurer, was responsible for payments to cover his damages. Commerce denied coverage, claiming that Sheehan was immune from tort liability under the Massachusetts Tort Claims Act, Mass. Gen. Laws ch. 258, 2. Berry then commenced this action against Commerce seeking a judgment declaring that Sheehan was not immune under the Act. The superior court entered judgment in favor of Berry. The Supreme Judicial Court affirmed, holding that the superior court correctly determined that Commerce was liable for Berry's injuries because Sheehan was not acting within the scope of his employment at the time of the accident.