Clickner v. City of Lowell

This appeal raises the issues whether, at the time of an automobile accident, Francis M. Waterman, a police officer of the city of Lowell, was acting within the “scope of his office or employment” for purposes of the Mas*540sachusetts Tort Claims Act, G. L. c. 258, § 2 (1994 ed.), and whether the city is estopped from claiming that he was not.3

John and Susan Clickner brought an action against the city for the injuries they sustained in an automobile accident with Waterman. Prior to trial in a separate proceeding Waterman and the city agreed to a settlement of the Clickners’ claim and to litigate…