Allen v. County of Wayne

CONCURRING and DISSENTING OPINION BY

Judge SIMPSON.

I concur in the majority’s resolution of the improper maintenance issue. However, I strongly disagree with the majority’s resolution of the immunity issue. As I would affirm on this issue, I dissent in part.

Here, Appellant/Plaintiff is an inmate of the Wayne County Correctional Facility. He was injured by another inmate while both were performing yard work. He sued the County under the theory that the other inmate was a negligent County “employee” as that term is defined in Section 8501 of the Judicial Code, 42 Pa.C.S. § 8501, part of the…