Valentino, M., Aplt. v. Phila. Triathlon, LLC

AND NOW , this 18th day of June, 2019, the Court being evenly divided, the Order of the Superior Court is AFFIRMED .

Justice Wecht did not participate in the consideration or decision of this matter.

OPINION IN SUPPORT OF AFFIRMANCE

JUSTICE BAER

This Court granted allocatur to determine whether an express assumption of the risk agreement executed by triathlon participant Derek Valentino ("Decedent") serves as a defense to a wrongful death claim commenced against the Philadelphia Triathlon, LLC ("Triathlon") by Decedent's heir ("Appellant"), who was not a signatory to the agreement. 1 The Superior…