The Pennsylvania Supreme Court has agreed to consider whether failing to fully cover a concrete wall in a school’s gymnasium with protective matting fits the narrow exception for governmental immunity.

The justices on July 11 granted allocatur in Brewington v. City of Philadelphia to address whether the Commonwealth Court “impermissibly” broadened that exception when it allowed a student to sue his former school after he struck his head on a concrete wall while running a relay race in his school’s gym.