Valentino, M., Aplt. v. Phila. Triathlon, LLC
209 A.3d 941
Pa.2019Background
- Derek Valentino signed an online Waiver and Release of Liability to participate in the Philadelphia Triathlon; he drowned during the swim portion and died.
- Valentino’s administratrix (Michele Valentino) sued Philadelphia Triathlon asserting survival claims (on behalf of the decedent) and wrongful death claims (on behalf of heirs) based on alleged ordinary negligence in managing the event.
- The trial court granted summary judgment for the triathlon on all claims; it later suggested the waiver might bar the survival claim but remanded the wrongful death claim for further proceedings.
- A divided en banc Superior Court affirmed summary judgment on all claims, holding the decedent’s pre-injury waiver eliminated the defendant’s duty and therefore barred heirs’ wrongful death claims.
- The Supreme Court considered whether a decedent’s exculpatory waiver can bind non-signatory heirs and whether assumption of risk remains a valid defense, focusing on the remedial purpose of the Wrongful Death Act and public policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a decedent’s pre-injury exculpatory waiver bars non-signatory heirs from suing under the Wrongful Death Act | Waiver signed only by decedent cannot bind heirs; wrongful death is an independent statutory right to compensate heirs (Valentino) | Waiver extinguished duty owed to decedent, eliminating tort and thus barring heirs’ derivative wrongful death claims (Philadelphia Triathlon) | The waiver is unenforceable against non-signatory heirs; wrongful death claims proceed (court reverses Superior Court) |
| Whether exculpatory waivers should be strictly limited by public policy and the remedial nature of wrongful death statute | Wrongful Death Act is remedial and must be liberally construed to protect heirs; exculpatory waivers are disfavored and construed narrowly (Valentino) | Waivers/contracts generally enforceable; assumption of risk can eliminate duty in negligence cases (Philadelphia Triathlon) | Exculpatory waivers that nullify statutory wrongful death rights conflict with public policy and are void as to heirs |
| Whether prior authority (e.g., Pisano, Buttermore) permits non-signatory wrongful death claims despite decedent’s contractual waivers | Precedents (Buttermore, Pisano) show non-signatory heirs are not bound by decedent’s releases/arbitration agreements (Valentino) | Distinguish arbitration/settlement cases; argue a broad liability waiver differs and can bind third parties by eliminating defendant’s duty | Court follows prior precedent: decedent’s agreements do not bar heirs’ independent wrongful death claims |
| Whether defendant remains able to raise defenses like causation or comparative negligence despite waiver being unenforceable against heirs | Plaintiff acknowledges defendant can still litigate negligence elements and comparative fault (Valentino) | Defendant retains defenses including causation, negligence, and comparative fault (Philadelphia Triathlon) | Court confirms waiver’s invalidity against heirs does not eliminate defendant’s ability to contest causation, breach, and comparative negligence |
Key Cases Cited
- Buttermore v. Aliquippa Hosp., 561 A.2d 733 (Pa. 1989) (release signed by injured party barred his claim but did not bar independent claim of non-signatory spouse)
- Pisano v. Extendicare Homes, Inc., 77 A.3d 651 (Pa. Super. 2013) (decedent’s arbitration agreement not binding on non-signatory wrongful death heirs)
- Kaczorowski v. Kalkosinski, 184 A. 663 (Pa. 1936) (wrongful death action gives an independent right to statutory beneficiaries)
- Chepkevich v. Hidden Valley Resort, L.P., 2 A.3d 1174 (Pa. 2010) (exculpatory agreements valid only if not contrary to public policy and parties are free bargaining agents)
- Tayar v. Camelback Ski Corp., Inc., 47 A.3d 1190 (Pa. 2012) (exculpatory clause enforceability requires strict construction)