Monday, June 24, 2019

Pennsylvania Supreme Court Splits Evenly on Impact of Waiver of Liability Form


Tort Talkers may recall the case of Valentino v. Philadelphia Triathlon, 150 A.3d 485 (Pa. Super. 2016), in which the Superior Court ruled that a waiver form served to prevent a widow from suing for the death of her husband who died competing in a triathlon.

The prior Tort Talk posts on this case can be viewed HERE.

On June 18, 2019, the Pennsylvania Supreme Court issued a Per Curiam Order affirming the Pennsylvania Superior Court"s decision upholding the waiver.  The Pennsylvania Supreme Court was evenly split on the issue with Justice Wecht not participating.  As such, by operation of law, the Superior Court decision stands.

Here is a LINK to the Pennsylvania Supreme Court's Per Curiam Order.

Justice Baer's Concurring Opinion can be viewed HERE.

Justice Donohue's Dissenting Opinion can be viewed HERE,

Justice Dougherty's Dissenting Opinion can be viewed HERE.

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