Nicholas Malfitano Jan. 11, 2016, 3:20pm


PHILADELPHIA – Attorneys for a major recreation race organization and the resort area that hosted one of their events seek to dismiss charges of recklessness levied against them in a negligence action brought by an injured race participant.

Then-defense counsel Hugh M. Emory of Cipriani & Werner in Blue Bell filed a motion for preliminary objections on July 27, on behalf of Blue Mountain Ski Area, raising exceptions to the negligence suit filed by Raphael and June Duran of Philadelphia.

Since the subject action took place there, Emory sought to have the case transferred to the Carbon County Court of Common Pleas, and further, to have all allegations of recklessness stripped from the Durans’ complaint.

In a separate motion for preliminary objections filed on Aug. 7, fellow member of defense counsel Meghan F. Henry made identical requests of the Court on behalf of her client, Spartan Race.

A hearing in this matter was set for Wednesday in Court chambers, at Philadelphia City Hall.

On July 14, 2013, Raphael Duran participated in a Spartan Race called the “Pennsylvania Spartan Sprint” at Blue Mountain Ski Area & Resort in Palmerton. From the start of the race at 6 a.m. until the early afternoon, race participants were released in waves of 200 people each during 15-minute intervals.

At 11:30 a.m., Raphael encountered a race obstacle called the “inverted wall” and in the process of navigating said obstacle, he suffered a broken right leg. It is the belief of the plaintiffs that the obstacle had been used in previous Spartan race in a similar dangerous condition, and that prior race participants were also injured on it. Further, the plaintiffs aver the ski area and resort’s staff were poorly-trained to deal with injured participants.

The plaintiffs sued for separate counts of negligence against Spartan Race of Wilmington, Del., Peak.Com, Inc. of Carson City, Nev., Tuthill Corporation, Blue Mountain Ski Area, Ski Blue Mountain and Blue Mountain Resort Management of Palmerton and strict liability against Spartan Race. June Duran also sues all defendants in the case for loss of consortium.

The plaintiffs are seeking compensatory and punitive damages in excess of $50,000 in this case, plus costs of suits, pre- and post-judgment interest.

The plaintiffs are represented by David Barry of Barry Law Firm, in Philadelphia.

The defendants are represented by Anthony W. Hinkle of Cipriani & Werner in Blue Bell, plus Gerald J. Valentini and Henry of Deasey Mahoney & Valentini, in Philadelphia.

Philadelphia County Court of Common Pleas case 150603962

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

Organizations in this Story

Spartan Race

Houston, TX

Get notified the next time we write about Spartan Race!

More News