The Commonwealth Court en banc has ruled that a former student at a Philadelphia elementary school who sustained a concussion after tripping and striking his head on a concrete gym wall while running in a relay race can sue the city school district for negligence.

In a Nov. 14 ruling in Brewington v. Philadelphia, the court said there is precedent to rule that the youth’s injuries fell under the real property exception to the general rule for governmental immunity under the state’s Tort Claims Act.

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