The Commonwealth Court’s decision to allow a student to sue the Philadelphia School District for failing to pad a concrete gym wall was a clear case of “flip-flopping” by the intermediate court, an attorney representing the school told the Pennsylvania Supreme Court on Tuesday.

“There have been multiple opinions over the past 20 years reaching differing conclusions,” Levin Legal Group attorney Allison Petersen said. “The Commonwealth Court got it wrong when it reversed itself.”

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