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Pa. Appeals Court Affirms Tossing Of Suit In Triathlon Death

Law360, New York (November 15, 2016, 8:21 PM EST) -- The full Pennsylvania Superior Court on Tuesday upheld a lower court’s decision to toss claims attempting to hold the Philadelphia Triathlon liable for a competitor’s death in 2010, saying the man assumed risk when he signed a liability waiver.

Michele Valentino filed a wrongful death suit against Philadelphia Triathlon LLC after her husband, Derek Valentino, never returned from the swimming portion of the triathlon; his body was found the following day in the Schuylkill River. Valentino said that since she did not sign the liability waiver that her husband executed, the waiver shouldn’t bar her from asserting wrongful death claims, but...

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