Allen v. County of Wayne

OPINION BY

President Judge PELLEGRINI.1

Kevin Allen (Plaintiff) appeals from an order of the Court of Common Pleas of Wayne County (trial court) sustaining the preliminary objections in the nature of a demurrer of Wayne County, acting in and through the Wayne County Correctional Facility and the Wayne County Commissioners, Brian W. Smith, Anthony V. Herzog and Wendell R. Kay (collectively, County), and dismissing Plaintiffs personal injury complaint on the basis that a county prison inmate is not an employee for purposes of the governmental immunity provisions in Sections 8541-8564 of the…