The Pennsylvania Supreme Court has agreed to hear arguments over whether the widow of a man who drowned during the Philadelphia Triathlon can sue the event organizers, despite the decedent having signed a waiver assuming all the risks of participating in the event.

The justices granted allocatur Tuesday in Valentino v. Philadelphia Triathlon specifically on the question of whether “a waiver of liability form, executed solely by the decedent, and stating the signer assumes all risks of participation in a triathlon, also binds his heirs, thereby precluding them from bringing a wrongful death action.”

Last year, an en banc Superior Court panel found that the waiver did in fact bind the man's heirs, and prevented his widow from bringing suit. That decision differed from a ruling a three-judge panel of the Superior Court made in 2015, which said the surviving spouse, who did not sign the waiver, was not bound by the release.