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. Id. . at 7. . We will review the memorials and decide if they should be merged. . So that's the reason I did not like that word." WebSamuel III was 11 when his father died; Jacob Sr. was 9. At that time it was a area of Pennsylvania. They had 4 children: Mary Catherine Conway (born Hollingsworth) and 3 other children. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). We collect and match historical records that Ancestry users have contributed to their family trees to create each persons profile. Docket No. 46-2 at 23. However, New York courts have declined to apply this broad definition of pecuniary loss in cases where the plaintiff is not owed a duty of educational and intellectual nurturing. at 21. Liability There is a problem with your email/password. . https://www.findagrave.com/memorial/167565199/valentine-hollingsworth. 55 at 1. WebValentine Hollingsworth, Iii's bio. Plaintiff's counsel also agreed with the characterization of what Plaintiff was seeking, i.e., having a family member perform certain services, as having an emotional value. This is a carousel with slides. Indus. EMTs arrived on scene and transported the decedent to F.F. We collect and match historical records that Ancestry users have contributed to their family trees to create each persons profile. Later, they moved to Laurens County, South Carolina and afterward to Union County, South Carolina. Resend Activation Email. 25. WebRobert Valentine Hollingsworth, III: Birthdate: circa 1546: Birthplace: Mottram In Longdendale, Greater Manchester, England, United Kingdom: Death: circa 1631 (75-93) 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. There is a problem with your email/password. Will dated November 30, 1749. 29-4, 46-2 at 11-13), arguably falls under the definition of "pecuniary" as defined by the New York courts in the above-mentioned cases. . Valentine lived at address. Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . You have chosen this person to be their own family member. 46-2 at 7-8 ("[T]he reason I disagree with [defense counsel] was the emotional - the word 'emotional.' "New York courts have strictly construed the wrongful death statute, N.Y. Est. 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.' Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Plaintiff's loss of services claim is dismissed. at 13, 16. WebA steadfast volunteer, Valentine Hollingsworth III joined Brooks board of trustees in 2014 and currently serves as treasurer. as well." 1959) ("[t]he New York Court of Appeals has stated that the intellectual, moral and physical training which a parent gives to a child . Login to find your connection. Please enable JavaScript in your browser's settings to use this part of Geni. 6:2018cv06013 - Document 61 (W.D.N.Y. Docket No. H > Hollingsworth > Valentine Hollingsworth III, WIKITREE HOME | ABOUT | G2G FORUM | HELP | SEARCH. 2019) case opinion from the Western District of New York US Federal District Court For memorials with more than one photo, additional photos will appear here or on the photos tab. Docket No. . This memorial has been copied to your clipboard. If he didn't use "III" in his lifetime, it shouldn't be in the datatfield for Suffix. at 23. Matsushita Elec. 56). GREAT NEWS! He died on 1 Mar 1799 in , Chester, Pennsylvania. at 23. Id. Oops, we were unable to send the email. Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." 49 at 16. 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. This biography was auto-generated by a GEDCOM import. Plaintiff's counsel clearly stated at the May 6, 2019 hearing before Judge Feldman that he was seeking damages for "in essence . Rixen US, LLC & Rixen Cableways GMBH, Defendants, represented by Arnd Von Waldow , Reed Smith LLP, pro hac vice & Oliver K. Beiersdorf , Reed Smith LLP. wife Ann Calvert (1650 Ireland1697 DE). There was a problem getting your location. 1 at 1. He died on 28 Oct 1795. cemeteries found within miles of your location will be saved to your photo volunteer list. . Sorry! Son of Valentine1 and Ann (Calvert) Hollingsworth. 47 at 3. . 17 Sept 1778 Thomas Hollingsworth requests cert to New Garden M M. 11 May 1780 Thomas Hollingsworth received from New Garden M M. Reconstructed 1790 Census of Delaware: Thomas Hollingsworth Jr., Christiana Hundred, New Castle Co. Letter to Thomas IV from his sister Jane Hollingsworth: Center the 5th month 10 day 1825 Dearly beloved Brother I have the sorrowful account to inform thee of the Deceis of my near and Deare Mother who departed her life the sixth of this month after a long spell of severe sickness that continued fore weeks and was so severely held that it seemed too much for Nature to have born. You can always change this later in your Account settings. Failed to delete memorial. It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. Plaintiff may not avoid the bar to seek emotional damages by merely labeling the damages he seeks as "pecuniary" when substantively, they are of an emotional or sentimental nature. Plaintiff may not avoid the bar to seek emotional damages by merely labeling the damages he seeks as "pecuniary" when substantively, they are of an emotional or sentimental nature. These types of damages are not recoverable under New York's wrongful death statute. Plaintiff filed the instant action on January 5, 2018, alleging negligence, gross negligence, and recklessness against defendant Roseland, and strict products liability based on defective design and failure to warn, against defendants Rixen Cableways and Rixen US. Please try again later. 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." "New York courts have strictly construed the wrongful death statute, N.Y. Est. or don't show this againI am good at figuring things out. For the reasons set forth above, Defendants' motion for partial summary judgement is granted. . This flower has been reported and will not be visible while under review. The court's role in determining a motion for summary judgment is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Married Elizabeth Harlan, b. to allow recovery only for pecuniary loss. Plaintiff has conceded that he is not seeking the cost of replacement services; rather, he is seeking to recover for the cost of having a family member - namely, his son - oversee the individuals Plaintiff would hire to perform certain services, such as providing medical care and managing finances. For the reasons set forth below, Defendants' motion for partial summary judgment is granted. He died about 1732. 1986) (citations omitted); see also Garland v. Herrin,724 F.2d 16, 20 (2d Cir. Gathered from those who lived during the same time period, were born in the same place, or who have a family name in common. Note that this page of the book says Valentine, Jr, was son of Ann Calvert Hollingsworth, where an earlier page says he is son of Ann Ree Hollingsworth**********************************************************************************************Father of James Hollingsworth, Rachel (Hollingsworth) Hope, Valentine Hollingsworth III, Elizabeth (Hollingsworth) Harlan and Sarah (Hollingsworth) Harlan.Thanks to Contributor: Constanza Holway (50592344) for this information. Husband of Elizabeth Hollingsworth Oops, we were unable to send the email. services as opposed to paying someone." In 1753. . Failed to report flower. In other words, Plaintiff is not "seeking . 1. . . Start a free family tree online and well do the searching for you. . 55 at 4. While Plaintiff argues that the damages he seeks are pecuniary in nature, Defendants contend that the type of damages described by Plaintiff are emotional or sentimental - not pecuniary. The man has worked in Mr. Hollingsworth's properties for the past three years.Born and raised in Memphis, Mr. Hollingsworth was a graduate of Germantown High School. Quickly see who the memorial is for and when they lived and died and where they are buried. In 1713, he married Elizabeth Heald, daughter of John Heald, Friend, who had come from England and settled in Pennsylvania. Huthmacher v. Dunlop Tire Corp., 309 A.D.2d 1175, 1176 (4th Dep't 2003). 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. These types of damages are not recoverable under New York's wrongful death statute. Buried in Burying Grounds, Newark, Del. We take great care to develop a strong client relationship, coupled with efficient communication. Try again later. Plaintiff seeks wrongful death damages stemming from the death of his son. F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. 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. . Here, Plaintiff has clarified that he is not seeking damages for lost earnings, benefits or other financial support arising from his son's death (see Docket No. We have set your language to Are you sure that you want to delete this photo? Found more than one record for entered Email, You need to confirm this account before you can sign in. At the conclusion of the hearing, the following exchange took place: At the May 6, 2019 hearing, Plaintiff likened the type of damages he was seeking to "a child who loses a parent and is able to recover for the value of nurturing and services." The supplemental discovery response to which Plaintiff refers is found at Docket No. therefore, it falls within the term as used in the statute.'") This account already exists, but the email address still needs to be confirmed. Prod. He was pronounced dead on September 24, 2016. 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. Docket No. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. Learn about how to make the most of a memorial. Are you sure that you want to delete this memorial? Plaintiff Valentine Hollingsworth, III ("plaintiff") brought this action for products liability as the representative of his deceased son's estate against Roseland the psychological benefit . This account has been disabled. 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." Valentine Hollingsworth III married Elizabeth HARLAN and had 4 children. 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." The complaint also seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. Cellulose Composites Electrec Meltblown Membrane Microfiber Glass Molecular Nano Technology Born ca 1632 in Bellyvickcrannel/Ballyvickcrannel, Parish of Seagoe, County Armagh, Ireland. You can always change this later in your Account settings. As explained in Bumpurs v. N.Y.C. . . Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . Please complete the captcha to let us know you are a real person. Plaintiff denies this statement, and refers the Court to its supplemental discovery response, "which lays out the loss of services Plaintiff is claiming in this case." This flower has been reported and will not be visible while under review. Please reset your password. During the the next loop, the decedent approached a ramp/jump called the "funbox." Photos larger than 8Mb will be reduced. 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. 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." Use Escape keyboard button or the Close button to close the carousel. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. Your account has been locked for 30 minutes due to too many failed sign in attempts. The decedent was stabilized at Strong Memorial Hospital, but he experienced severe brain swelling. 49 at 9-11, 15; see also Docket Nos. In other words, the pecuniary nature of this instruction and guidance is premised on the duty a parent has to his or her child. 43, 46-2. Try again. Housing Authority, 161 A.D.2d 358, 359 (1st Dep't 1990)) (alterations in original). Plaintiff's counsel also stated that he disagreed with defense counsel's characterization of these damages as "emotional." See Docket No. Translation on Find a Grave is an ongoing project. Half brother of Sarah Harlan, North America, Family Histories, 1500-2000 Ancestry.com Ancestry.com Operations, Inc. 1,61157::0, Book Title: History and Genealogy of the Harlan Family : and particularly of the descendants of George and Michael Harlan : who settled in Chester County, Pennsylvania, 1687 : Volume 1 1,61157::4192668, @R-794360899@ Family Data Collection - Individual Records Edmund West, comp. However, it is Plaintiff - not Defendants - who mischaracterizes his own claim. Ancestry Family Tree http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=112181379&pi Geni requires JavaScript! 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. Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 249 (1986). 54 at 20-22. Docket No. With one simple test, you can discover your genetic origins and find family you never knew you had. 29-4, 46-2 at 10-13. 29-4, 46-2 at 10-13. I am a nurse from the Philippines with two years of experience before I came to New Zealand. Memorialize Valentine's life with Id. Id. 547, 561 (S.D.N.Y. Plaintiff Valentine Hollingsworth, III ("plaintiff") brought this action for products liability as the representative of his deceased son's estate against Roseland Wake Park, LLC, et al. There are no volunteers for this cemetery. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Id. Date of Arrival: 10th month, 9, 1682 Master: Valentine Hollingsworth and familyDescendants of Valentine Hollingsworth, Sr., page 131 B-2. Please ensure you have given Find a Grave permission to access your location in your browser settings. 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.' Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." Id. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. 09-md-2085, 2013 WL 12421873, at *2 (W.D.N.Y. Photos larger than 8Mb will be reduced. For memorials with more than one photo, additional photos will appear here or on the photos tab. Birth of Thomas Valentine Hollingsworth, III. Docket No. WebThomas Valentine HOLLINGSWORTH "III" was born on 13 Dec 1729 in Rockland Manor, Wilmington, New Castle, Delaware. 47 at 6; see also Docket No. based on information from your browser. ; see also Docket No. ASP Immigration Services Limited, our firm provides comprehensive immigration representation to clients located throughout New Zealand and the world. The factual allegations in the complaint are summarized as relevant, below. Plaintiff disagrees with this statement, and claims that he served the supplemental discovery response "in accordance with Magistrate Judge Feldman's decision for Plaintiff to outline exactly what loss of services he would be claiming at trial and a value of the pecuniary losses to the distributees." Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. 25 at 2), nor is he arguing that his son would have actually performed any unique medical or financial services for them (see Docket No. When considering a motion for summary judgment, the court must draw inferences from underlying facts "in the light most favorable to the party opposing the motion." Six months later a clean, well-dressed man came up to him and said 'Do you remember me' and sang a few bars. Oops, some error occurred while uploading your photo(s). He died on 22 Apr 1722. (emphasis added). Plaintiff disagrees with this statement, inasmuch as Plaintiff "specifically alleged his son would have provided a variety of services to assist Plaintiff and Decedent's mother as they aged and why having these services provided by their son would enhance their pecuniary value compared to such services provided by strangers." Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. 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. Valentine Hollingsworth, III in WikiTree view all 19 Immediate Family Elizabeth Hollingsworth wife Sarah Hollingsworth daughter Dinah Moody daughter 49 at 9-11, 15; see also Docket Nos. . Samuel Sr. was the son of: Valentine Hollingsworth, Sr. (1632 Ireland1710 DE) & 2nd. Thanks for your help! Plaintiff's loss of services claim is dismissed. The sponsor of a memorial may add an additional. 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. Son of John Valentine Hollingsworth, Jr. and Elizabeth Hollingsworth 1959) ("[t]he New York Court of Appeals has stated that the intellectual, moral and physical training which a parent gives to a child . 1. No animated GIFs, photos with additional graphics (borders, embellishments. WebVal Hollingsworth became the Chair of the Board of Directors in 2022. . In arguing that Plaintiff's claimed damages under the wrongful death statute are purely emotional or sentimental, Defendants refer specifically to the May 6, 2019 court appearance before Judge Feldman. 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. Listed below are those cases in which this Featured Case is cited. 47 at 4. Plaintiff responded on July 29, 2019 (Docket Nos. On September 22, 2016, the decedent, a 22-year old student at Rochester Institute of Technology, attended "college night" at Roseland's wakeboard park. Brother of James Hollingsworth; Rachel Hollingsworth; Elizabeth Harlan; Sara Harlan and Hannahh Moore 55 at 5. 5-4.3(a), the plaintiff parents could recover medical, funeral, and burial expenses, as well as expenses relating to their travel and the decedent's future financial support, but noting that "damages for the loss of a child's services during minority are available, but damages for loss of affection are not."). Both the decedent and Mr. James utilized the full-size cable wakeboarding system. Try again later. M v John Valentine HOLLINGSWORTHwas born on 19 Feb 1684. James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. They completed at least one loop of the 2100 foot cable system without incident. at 6. Plaintiff's counsel also stated that he disagreed with defense counsel's characterization of these damages as "emotional." 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. therefore, it falls within the term as used in the statute.'") worth, Aaron Hollingsworth, Sarah Sally Hollingsworth, Reuben Hollingsworth, Dinah Diania Moody (born Hollingsworth), Jesse Hollingsworth 1775 - Laurens, South Carolina, United States. 54 at 20-22. EMTs arrived on scene and transported the decedent to F.F. She died on 26 Oct 1712. He is survived by his wife Judy, h, Isaac Hollingsworth, Nathaniel Hollingsworth, Rachel Hollingsworth, Emmor Hollingsworth, Christopher Hollingsworth, Judith Pyle, Rache Feb 13 1729 - Rockland Manor, New Castle, Delaware, British America, Mar 1 1799 - Chester, Pennsylvania, United States, Thomas Nathaniel Hollingsworth, Judith Hollingsworth (born Lampley). WebThomas Valentine HOLLINGSWORTH "III" was born on 13 Dec 1729. As explained by the New York Court of Appeals in Tilly v. Hudson River Railroad Co., " infant children sustain a loss from the death of their parents , and especially of their mother, of a different kind. at 22. Cause: 28 U.S.C. This account already exists, but the email address still needs to be confirmed. Many of the modern surnames in the dictionary can be traced back to Britain and Ireland, Do not sell or share my personal information. Id. 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. The factual allegations in the complaint are summarized as relevant, below. worth, Elizabeth Johnson (born Hollingsworth), Aaron Hollingsworth, Sarah Sally Hollingsworth, Reuben Hollingsworth, Dinah Moody (born Ho James Hollingsworth, Elizabeth Harlan (born Hollingsworth), Sarah Harlan (born Hollingsworth), Rachel Hollingsworth, Dinah Hollingsworth, Sarah Harlan (born Hollingsworth-186), Valentine Hollingsworth, Jr., Elizabeth Hollingsworth (born Heald), James Hollingsworth, Rachel Barnes (born Hollingsworth), Elizabeth Hollingsworth, Sarah Hollingsworth, Aug 1766 - Cane Creek, Orange, North Carolina, USA, John Valentine Hollingsworth, Jr., Elizabeth Hollingsworth (born Heald), James Hollingsworth, Rachel Hollingsworth, Sarah Harlan (born Hollingsworth), Wilmington, New Castle, Delaware, United States, Cedar Grove, Orange, North Carolina Colony, Colonial America. Please complete the captcha to let us know you are a real person decedent, him. 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This account already exists, but emotional damages are not recoverable under New York has consistently refused allow... We collect and match historical records that Ancestry users have contributed to their trees. For entered email, you need to confirm this account already exists, but he experienced brain. Union County, South Carolina and afterward to Union County, South Carolina 161 A.D.2d 358, (! For 30 minutes due to too many failed sign in we take care. Not Defendants - who mischaracterizes his own claim plaintiff - not Defendants - who his... Iii married Elizabeth Harlan, b. to allow recovery for such claims as mental or emotional in! Was stabilized at strong memorial Hospital, but emotional damages are not recoverable under New has. Create each persons profile listed below are those cases in which this Featured is...
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