The widow of a man who drowned in the Schuylkill River during the Philadelphia Triathlon will be able to proceed with her suit against the event organizers, despite the fact that the man signed a waiver and release form, the state Superior Court has ruled.

A split three-judge panel of the court ruled Dec. 30 in Valentino v. Philadelphia Triathlon that, although the decedent signed the release form, the plaintiff, who was not a signatory on the form, was not bound by the release and could pursue the wrongful death cause of action.

The decision reversed the trial court's dismissal of the claims, and remanded the case for further proceedings.