Gardner v. City of Peabody

This appeal presents two principal questions. The first is whether this case is within the holding in Wormstead *169v. Town Manager of Saugus, 366 Mass. 659 (1975). The second is whether the result is affected to any extent by the 1982 amendment of Mass.R.Civ.P. 53, as appearing in 386 Mass. 1237 (1982).

Gardner, a police officer of Peabody (the city), brought this action in the Superior Court on October 31, 1979, seeking various forms of relief under G. L. c. 41, § 11 IF, for disability arising, at least in part, from an automobile accident, which took place in Revere on October 2, 1975. The case…