The state Supreme Court has decided not to consider whether an inmate can hold a county liable for injuries he suffered due to the alleged negligence of another inmate on a work detail.

The high court denied allocatur in Allen v. County of Wayne, letting stand a ruling from a sharply divided en banc panel of the Commonwealth Court that allowed an inmate’s case against a county to proceed beyond the pleadings stage. The appellate court had found that a potential jury question existed as to whether the inmate’s actions were foreseeable to the county, thereby making the county liable.

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