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ALLEN v. COUNTY OF WAYNE

88 A.3d 1035 (2013)

Kevin ALLEN, Appellant v. COUNTY OF WAYNE, Acting in and Through the WAYNE COUNTY CORRECTIONAL FACILITY and the County of Wayne, Acting in and Through the Wayne County Commissioners, Brian W. Smith, Anthony V. Herzog, and Wendell R. Kay.

Commonwealth Court of Pennsylvania.

Decided September 13, 2013.

Attorney(s) appearing for the Case

Scott E. Schermerhorn , Scranton, for appellant.

Michael J. Donohue , Scranton, for appellees.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and COHN JUBELIRER, Judge, and ROBERT SIMPSON, Judge, and MARY HANNAH LEAVITT, Judge, and P. KEVIN BROBSON, Judge.

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 Plaintiff's personal injury...

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