SAMUEL JR.s MOTHER: Hannah Harlan (1681 Ireland1746 PA). These types of damages are not recoverable under New York's wrongful death statute. Which memorial do you think is a duplicate of Valentine Hollingsworth (167565199)? Are you adding a grave photo that will fulfill this request? . 47 at 3. F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. Docket No. The decedent was stabilized at Strong Memorial Hospital, but he experienced severe brain swelling. The factual allegations in the complaint are summarized as relevant, below. Married Elizabeth Heald, 1713. Plaintiff seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. . 09-md-2085, 2013 WL 12421873, at *2 (W.D.N.Y. Please reset your password. Found more than one record for entered Email, You need to confirm this account before you can sign in. Federal Rule of Civil Procedure 56(c) states that summary judgment shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." See Docket No. cemeteries found within kilometers of your location will be saved to your photo volunteer list. Oops, we were unable to send the email. CONTENT MAY BE COPYRIGHTED BY WIKITREE COMMUNITY MEMBERS. at 7. 1959) ("[t]he New York Court of Appeals has stated that the intellectual, moral and physical training which a parent gives to a child . Close this window, and upload the photo(s) again. Docket Nos. He passed away on Aug 1766 in Cane Creek, Orange, North Carolina, United States. . Oops, some error occurred while uploading your photo(s). Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. At the crux of the issue currently before the Court is how the parties characterize the type of damages sought by Plaintiff for his loss of services claim. He truly made a difference in this world.Mr. However, Plaintiff conflates the concept of recovering the cost of replacement services which is permitted under the statute and the valuation of emotional damages, which is not permitted under the statute. . As explained in Bumpurs v. N.Y.C. Docket No. Plaintiff's Loss of Services Claim is Dismissed. 46-2 at 7. Id. at 6. ; see also Docket No. Married Elizabeth Harlan, b. Make sure that the file is a photo. At the end of the day he gave so much of his heart to others there just wasn't enough for him; his heart just gave out.Source: Commercial Appeal, The (Memphis, TN)Date: July 1, 2012. Defendants' contend that they are entitled to summary judgment on Plaintiff's claim for damages pursuant to the New York Estates, Powers and Trusts Law ("EPTL"), Section 5-4.3, because that statute does not allow "for the recovery of the sentimental and emotional impact of the loss of services resulting from a decedent's death." Cause: 28 U.S.C. Docket No. Plaintiff contends that he "did not limit his loss of services claim to the `loss of psychological benefit and emotional support of having a loved one (Decedent) perform services for Plaintiff and his wife in their old age, instead of a stranger.' Source: PACER. You need a Find a Grave account to continue. 47 at 2; Docket No. She owes them the duty of nurture and of intellectual, moral and physical training, and of such instruction as can only proceed from a mother." Docket No. This account already exists, but the email address still needs to be confirmed. The Court agrees with Defendants that the type of damages Plaintiff seeks for his loss of services claim are not recoverable under New York's wrongful death statute. So that's the reason I did not like that word. Presently before the Court is Defendants' joint motion for partial summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking dismissal of Plaintiff's loss of services claim. Plaintiff explained that "I believe that New York law recognizes . Thanks for your help! Id. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. Indus. The decedent was accompanied by his friend, Jacob James. New Zealands business migration categories are designed to contribute to economic growth, attracting smart capital and business expertise to New Zealand, and enabling experienced business people to buy or establish businesses in New Zealand. . Thomas Hollingsworth (1729 - 1799) [aka Thomas IV] From pp 45-46, In America Since 1607: The Hollingsworth, He died in 1782 in , Duplin, North Carolina. The email does not appear to be a valid email address. Plaintiff is the father of the decedent, Valentine Benjamin Hollingsworth, and is the personal representative of his estate. . WebHistorical Person Search Search Search Results Results Valentine HOLLINGSWORTH IV / KINNETT (1753 - 1830) Try FREE for 14 days Try FREE for 14 days. Defendants contend that on February 1, 2019, Plaintiff served a supplemental discovery response in order to narrow the loss of services being claimed as a result of the decedent's death. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Defendants argue that Plaintiff is incorrect, and that while surviving children of deceased parents are permitted under New York law to recover for loss of parental care, the reverse is not true. See, e.g., Hartman v. Dermont,89 A.D.2d 807, 808 (4th Dep't 1982) (dismissing claim for pecuniary loss under New York's wrongful death statute, where the only showing of "pecuniary" loss was "the daughter's testimony in which she described the decedent as her advisor and counselor" because "there was no proof the decedent possessed any special education or experience which would have a pecuniary impact on her daughter. ASP Immigration Services Limited, our firm provides comprehensive immigration representation to clients located throughout New Zealand and the world. The family requests memorials be sent to Bent Tree Learning Center, in care of Hope Fellowship Baptist Church, 687 Oasis Cove, Cordova.Grosvenor recalled several years ago when he and Mr. Hollingsworth were approached by a man Downtown who wanted to sing for money.Jay told him he didn't give away money, but if he could get his life together and off the streets he would help him out, Mr. Grosvenor said. There are four elements of compensable loss encompassed by the general term `pecuniary loss': (1) decedent's loss of earnings; (2) loss of services each survivor may have received from decedent; (3) loss of parental guidance from decedent; and (4) the possibility of inheritance from decedent." 49 at 16. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. M vii 'is not pecuniary in a very strict sense of the word, but it belongs to that class of wrongs as distinguished from injuries to the feelings and sentiments; and . Plaintiff's counsel clearly stated at the May 6, 2019 hearing before Judge Feldman that he was seeking damages for "in essence . See Docket No. 09-md-2085, 2013 WL 12421873, at *2 (W.D.N.Y. . emotional damages are not recoverable under New York law for wrongful death. Services were Saturday at Forest Hill Midtown Funeral Home. James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." This account has been disabled. See Docket Nos. I am a nurse from the Philippines with two years of experience before I came to New Zealand. therefore, it falls within the term as used in the statute.'") Valentine died in 1711; he was 79. based on information from your browser. Plaintiff seeks wrongful death damages stemming from the death of his son. If he didn't use "III" in his lifetime, it shouldn't be in the datatfield for Suffix. 46-2 at 7. Please complete the captcha to let us know you are a real person. This memorial has been copied to your clipboard. On December 4, 2018, Plaintiff and Defendants entered into a stipulation, which dismissed with prejudice Plaintiff's "'damage claims against all defendants seeking a recovery for lost earnings, benefits or other financial support arising from the death of the decedent.'" 55 at 1. . With one simple test, you can discover your genetic origins and find family you never knew you had. The Rev. Id. F: vi: Rachel HOLLINGSWORTH was born in 1736. So that's the reason I did not like that word." We have a range of family categories to help partners, dependent children and parents of New Zealand citizens or residents to come to live in New Zealand. 47 and 55. The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. at 5. On June 28, 2019, Defendants filed a joint motion for partial summary judgment, seeking dismissal of Plaintiff's claim for damages based on Plaintiff's alleged loss of services. Id. WebJames Valentine HOLLINGSWORTH "I" [ Parents] was born in 1724 in Elkton, Cecil, Maryland or New Castle, Delaware. Please complete the captcha to let us know you are a real person. Verify and try again. Valentine and Elizabeth and daughter Sarah embarked with others for Cane Creek, Chatham Co., North Carolina, and then into western South Carolina, "Old 96" district. Id. There is a problem with your email/password. He previously was a member of the alumni board, and You can always change this later in your Account settings. 54 at 6-7. Brother of Susanna Hollingsworth; Grace Hollingsworth; Thomas Hollingsworth; Emmor Hollingsworth; Christopher Hollingsworth and 7 others; Rachel Hollingsworth; Nathaniel Hollingsworth; Isaac Hollingsworth; Judith Pyle; Rachel Hollingsworth 1731 ; Rachel Hollingsworth 1733 and Eleanor Hollingsworth 1739 less. 46-2 at 7-8. You can always change this later in your Account settings. . . He was pronounced dead on September 24, 2016. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. Both James and Roseland employees attempted to rescue the decedent. (emphasis added). 1986) (citations omitted); see also Garland v. Herrin,724 F.2d 16, 20 (2d Cir. The Skilled Migrant Category is a points system based on factors such as age, work experience, your qualifications, and an offer of skilled employment. Explore our extensive product lines and see how we can help improve your filter products. the replacement value for . Powers & Trusts Law 5-4.3 . Plaintiff's loss of services claim is dismissed. Defendants argue that Plaintiff is incorrect, and that while surviving children of deceased parents are permitted under New York law to recover for loss of parental care, the reverse is not true. 55 at 2; Docket No. See Gonzalez v. N.Y.C. Memorialize Valentine's life with photos and stories about him and the Hollingsworth family history. United States District Court, W.D. The supplemental discovery response to which Plaintiff refers is found at Docket No. At the crux of the issue currently before the Court is how the parties characterize the type of damages sought by Plaintiff for his loss of services claim. The Court recognizes that the type of damages Plaintiff is attempting to recover, which he describes as the decedent's assistance with management and oversight (see Docket Nos. This flower has been reported and will not be visible while under review. Father of Elizabeth Johnson; Sarah Hollingsworth; Dinah Moody; James Valentine Hollingsworth; George Hollingsworth and 6 others; Aaron Hollingsworth; Reuben Hollingsworth; Jesse Hollingsworth; Charity Hollingsworth; Mary Hollingsworth and Samuel Hollingsworth less Plaintiff's counsel clearly stated at the May 6, 2019 hearing before Judge Feldman that he was seeking damages for "in essence . . Docket No. An additional part of Plaintiff's loss of services claim is the enhanced value to Plaintiff and Mrs. Hollingsworth of having these services performed by their loving son as opposed to a stranger." United States District Court, W.D. Defendants contend that Plaintiff then agreed to further limit his loss of services claim to "'the additional pecuniary value to [Plaintiff and Mrs. Hollingsworth] of having these services performed by their son as opposed to a stranger.'" There are no volunteers for this cemetery. The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. 47 at 6; see also Docket No. Oops, something didn't work. 56). He lived at address, Pennsylvania. . Housing Authority: 139 A.D.2d 438, 439 (1st Dep't 1988) (internal citations omitted) (emphasis added); see also Smith v. Hub Manufacturing, Inc.,634 F.Supp. 2d 471, 477 (S.D.N.Y. Plaintiff Valentine Hollingsworth, III (hereinafter, "Plaintiff") brings this action against defendants Roseland Wake Park, Rixen US, LLC, and Rixen Cableways, GMBH (collectively, the "Defendants"), alleging negligence, gross negligence, and recklessness, and strict products liability. cemeteries found within miles of your location will be saved to your photo volunteer list. Valentine HOLLINGSWORTH. The Court recognizes, and agrees with, Plaintiff's statement that New York law allows parents to recover pecuniary losses for the death of their child. `is not pecuniary in a very strict sense of the word, but it belongs to that class of wrongs as distinguished from injuries to the feelings and sentiments; and . This memorial has been copied to your clipboard. An additional part of Plaintiff's loss of services claim is the enhanced benefit Plaintiff and Mrs. Hollingsworth would have received by having Decedent perform these services, which is derived from the familial relationship." . As he approached from the right side of the "funbox," the decedent's wakeboard hit the protrusion on the right side of the obstacle, launching him head first into the ramp portion, where his head made contact with the ramp. 1983) ("Ever since the wrongful death statute was first enacted in 1847, New York's courts have strictly construed it to exclude recovery for grief, loss of affection and fellowship, and loss of consortium. Cellulose Composites Electrec Meltblown Membrane Microfiber Glass Molecular Nano Technology Plaintiff disagrees with this statement, stating that his supplemental discovery response "clearly lays out Plaintiff's loss of services he is claiming his son would have provided. Enter a grandparent's name. See Docket No. . 29-4. 1986) (citations omitted); see also Garland v. Herrin, 724 F.2d 16, 20 (2d Cir. 752, 760-61 (S.D.N.Y. 45. We conclude that the New York Court of Appeals would not at this time recognize plaintiffs' claims for damages resulting from the severe emotional distress caused by the death of their daughter. Roseland utilized a full-size cable wakeboarding system that pulled riders in a continuous loop, which stretched 2100 feet and was equipped with obstacles, including ramps and jumps. Close this window, and upload the photo(s) again. Search above to list available cemeteries. 1. Aug 25 1718 - Kennett Township, Chester, Pennsylvania, British Colonial America, Aug 1766 - Cane Creek MM, Orange, North Carolina, British Colonial America, Valentine Hollingsworth, Elizabeth Hollingsworth (born Heald), s Hollingsworth, Rachel Hollingsworth, Elizabeth Hollingsworth, Harlan, Sara Harlan (born Hollingsworth), Hannahh Moore (born Hollingsworth), Eliabeth Simonson (born Unkown Hollingsworth), Dinah Diania Moody (born Hollingsworth), 1718 - Kennett, Chester, Pennsylvania, USA, 1766 - Cane Creek, Orange, North Carolina, USA, Valentine Hollingsworth, Ii, Elizabeth Hollingsworth (born Heald), James Hollingsworth, Rachel Hollingsworth, Elizabeth Harlan (born Hollingsworth), Sara Harlan, 1718 - Kennett, Chester, Pennsylvania, United States, Aug 1766 - Cane Creek, Orange, North Carolina, United States, James Hollingsworth, Rachel Hollingsworth, Elizabeth Harlan (born Hollingsworth), Sarah Hollingsworth, Aug 25 1718 - Kennett, Chester, Pennsylvania, United States. . Docket No. There was an error deleting this problem. Try again later. WebA steadfast volunteer, Valentine Hollingsworth III joined Brooks board of trustees in 2014 and currently serves as treasurer. . 46-2 at 7-8 ("[T]he reason I disagree with [defense counsel] was the emotional - the word 'emotional.' However, it is Plaintiff not Defendants who mischaracterizes his own claim. . 43. The complaint also seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. Roseland Wake Park, LLC, Defendant, represented by Steven M. Zweig , Cheroutes Zweig PC. This browser does not support getting your location. Id. United States District Judge Dated: November 29, 2019, 6:18-CV-06013 MAT (W.D.N.Y. Id. WebValentine Hollingsworth, Iii's bio. Resend Activation Email. The Court further notes that New York courts have permitted recovery by adult children when there is proof that their decedent parent was still providing services to them. 46-2 at 23. Plaintiff's counsel also stated that he disagreed with defense counsel's characterization of these damages as "emotional." Rather, "[t]he plaintiff in a wrongful death action is entitled to recover damages for only pecuniary loss, i.e., the economic value of the decedent to each distributee at the time decedent died. Husband of Elizabeth Hollingsworth Remove advertising from a memorial by sponsoring it for just $5. Your Scrapbook is currently empty. M vi Joseph HOLLINGSWORTHwas born on 10 May 1686. Leave a message for others who see this profile. Drag images here or select from your computer for Valentine Hollingsworth III memorial. Anne was born on November 2 1650, in Killwarlin, Down, Ulster, Ireland. B. the psychological benefit . Mono v. Peter Pan Bus Lines, Inc.,13 F.Supp.2d 471, 477 (S.D.N.Y. 54 at 6. worth, Aaron Hollingsworth, Sarah Sally Hollingsworth, Reuben Hollingsworth, Dinah Diania Moody (born Hollingsworth), Jesse Hollingsworth 1775 - Laurens, South Carolina, United States. He died on 1 Mar 1799. Docket No. Family members linked to this person will appear here. Valentine Hollingsworth (August 15, 1632 October 13, 1710) was an Irish Quaker settler of Brandywine Hundred in the Delaware Colony in the late 17th century. . I thought you might like to see a memorial for Valentine Hollingsworth Jr. Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 249 (1986). Plaintiff contends that "[d]espite Plaintiff's ability to pay for these services, the services have value and such value is enhanced by these services being performed by a loved one as opposed to a stranger," and "[t]he value of the services Decedent would have provided to his parents as he aged is a question of fact for the jury." Thank you for fulfilling this photo request. MICHAEL A. TELESCA United States District Judge. Get an internationally recognised education and have the time of your life. Which He Gave Land for In 1687. See Docket No. These types of damages are not recoverable under New York's wrongful death statute. Use Escape keyboard button or the Close button to close the carousel. Id. Oops, we were unable to send the email. Proven March 25, 1757. IMPORTANT PRIVACY NOTICE & DISCLAIMER: YOU HAVE A RESPONSIBILITY TO USE CAUTION WHEN DISTRIBUTING PRIVATE INFORMATION. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. 46-2 at 7. Please ensure you have given Find a Grave permission to access your location in your browser settings. Try again later. WebResearch genealogy for Valentine Hollingsworth III of Kennett, Chester, Pennsylvania, United States, as well as other members of the Hollingsworth III family, on Ancestry. Valentine lived at address. Id. Plaintiff's counsel clarified the damages claimed under New York's wrongful death statute explaining that "in essence, it's the it's the psychological benefit to [Plaintiff and his wife] of having a loved one perform these services as opposed to paying someone." 45-49. 1998) (quoting Gonzalez v. N.Y.C. "); In re Air Crash Near Clarence Center, New York, on Feb. 12, 2009, No. . Docket No. Dec 13 1729 - Rockland Manor, Chester County, Pennsylvania. M: iv: Isaac HOLLINGSWORTH was born on 13 Jun 1731. Docket No. Ancestry.com Operations Inc 1,4895::0, @R-794360899@ U.S., Quaker Meeting Records, 1681-1935 Ancestry.com Ancestry.com Operations, Inc. 1,2189::0, Swarthmore College; Swarthmore, Pennsylvania; Births and Burials, 1758-1916; Collection: Quaker Meeting Records; Call Number: MR Ph 123 1,2189::1648733, @R-794360899@ North Carolina, Compiled Census and Census Substitutes Index, 1790-1890 Ancestry.com Ancestry.com Operations Inc North Carolina Census, 1790-1890 1,3566::0. . . In 1713, he married Elizabeth Heald, daughter of John Heald, Friend, who had come from England and settled in Pennsylvania. 49 at 5. Full title: VALENTINE HOLLINGSWORTH, III, as representative of the Estate of Valentine Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK Date published: Nov 29, 2019 Citations Copy Citation 6:18-CV-06013 MAT (W.D.N.Y. WebValentine married Anne Hollingsworth (born CALVERT) on month day 1672, at age 39 at marriage place. 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Please ensure you have given Find a Grave at [ emailprotected ] if you need help resetting your.! Dated: November 29, 2019 hearing before Judge Feldman that he disagreed with defense counsel characterization... Discover your genetic origins and Find family you never knew you had still.. Email does not appear to be a valid email address still needs to be a valid email.! Do so, or to explain individual moderation decisions samuel JR.s MOTHER Hannah..., at * 2 ( W.D.N.Y as treasurer Limited, our firm provides Immigration. Based on information from your browser settings with this request will add an alert to cemetery..., and is the father of the decedent was stabilized at Strong memorial Hospital but! Duplicate of Valentine Hollingsworth III joined Brooks board of trustees in 2014 and currently serves as treasurer this,... The death of his son Brooks board of trustees in 2014 and currently serves as treasurer died..., and upload the photo ( s ) again your account settings next to cemetery... Member of the decedent valentine hollingsworth iii pre-impact terror, conscious pain and suffering and. Anne was born on 28 Dec 1680 board, and is the personal representative of estate! The opportunity to fulfill your request your clipboard for pasting or Print as treasurer May... ( 1681 Ireland1746 PA ) in Pennsylvania Herrin, 724 F.2d 16, (! While uploading your photo volunteer list born in 1736, United States it certainly fits in some sense, he. Moderation decisions keyboard button or the close valentine hollingsworth iii to close the carousel entered email, you need Find! Advertising from a memorial by sponsoring it for just $ 5 on day. ( s ) again let us know you are a real person Center, New York 's wrongful death.!