. To use this feature, use a newer browser. I arrived with nothing on hand but my ASP Immigration Services Ltd2023, All Rights Reserved. 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. cemeteries found in Union County, South Carolina, USA will be saved to your photo volunteer list. Ancestry.com Operations Inc 1,5769::0, @R-794360899@ Chester County, Pennsylvania Wills, 1713-1825 Lineages, Inc., comp. 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. . Valentine and Elizabeth Heald Hollingsworth had a daughter, Sarah, who married Aaron Harlan in March 1746 and they moved to Chatham County, North Carolina. Try again. WebValentine HollingsworthIII Born 25 Aug 1718in Kennett Township, Chester, Pennsylvania, British Colonial America Ancestors Son of Valentine Hollingsworth Jr.and Elizabeth See Docket No. 547, 561 (S.D.N.Y. Jay said 'Yes I do, are you ready for a job?' Oops, some error occurred while uploading your photo(s). As manager of this memorial you can add or update the memorial using the Edit button below. Liability at 21. at 7. WORTH, Judith HOLLINGSWORTH, Susanna HOLLINGSWORTH, Isaac HOLLINGSWORTH, Christopher HOLLINGSWORTH, Grace HOLLINGSWORTH, Amor HOLLINGSWOR Thomas Ii Hollingsworth, Judith Hollingsworth. ; see also Docket No. WebThomas Valentine HOLLINGSWORTH "III" was born on 13 Dec 1729 in Rockland Manor, Wilmington, New Castle, Delaware. We will review the memorials and decide if they should be merged. I my self have had it this three weeks but not lately I feal very week and feeble at the present but I am in hopes with care I shall soon get better I have got some sevikes made and am about taken. Health and Hospitals Corp., 221 A.D.2d 425, 426 (2d Dep't 1995) ("The loss of parental nurture and care, as well as physical, moral, and intellectual training, may also be included in determining pecuniary injury.") at 13, 16. Have you taken a DNA test? Edit a memorial you manage or suggest changes to the memorial manager. Id. 1332 Thomas Hollingsworth (1729 - 1799) [aka Thomas IV] From pp 45-46, In America Since 1607: The Hollingsworth, WebValentine Hollingsworth, Iii's bio. So that's the reason I did not like that word." VALENTINE HOLLINGSWORTH, III, as representative of the Estate of Valentine Benjamin Hollingsworth, deceased, Plaintiff, Memorialize Valentine's life with photos and stories about him and the Hollingsworth family history. 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. 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. Thank you for fulfilling this photo request. Docket No. Docket No. Hollingsworth, John Gordon III Articles Genealogy Research Family Related Hollingsworth Register Census Data Canadian Census Data Alberta British Columbia Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88 (1986). . 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. All photos uploaded successfully, click on the Done button to see the photos in the gallery. F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. For memorials with more than one photo, additional photos will appear here or on the photos tab. See id. 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.'" 43. Please reset your password. Please enable JavaScript in your browser's settings to use this part of Geni. Make your practice more effective and efficient with Casetexts legal research suite. 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. Plaintiff's supplemental response provides that he "will claim the pecuniary value of the following lost voluntary services of their deceased son: Defendants contend that on May 6, 2019, during a hearing before Judge Feldman, Plaintiff further limited his loss of services claim to "the loss of the 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." This account has been disabled. emotional damages are not recoverable under New York law for wrongful death. Plaintiff's counsel clearly stated at the May 6, 2019 hearing before Judge Feldman that he was seeking damages for "in essence . In response, Plaintiff argues that he seeks damages for pecuniary loss, rather than damages based on emotional suffering, and that determination of pecuniary loss is question of fact for the jury. , Rachel Chandler, George Hollingsworth, Stephen Hollingsworth, Samuel Hollingsworth, Samuel Hollingsworth, Valentine Hollingsworth, Jame Aug 25 1718 - Kennett, Chester, Pennsylvania, USA, Aug 1766 - Cane Creek, Orange, North Carolina. . (quoting Tilly, 24 N.Y. at 476) (emphasis added); Plotkin v. N.Y.C. The sponsor of a memorial may add an additional. Powers & Trusts Law 5-4.3 . Try again later. Docket No. Are you sure that you want to delete this photo? In his memorandum of law in opposition to summary judgment, Plaintiff argues that "Defendants attempt to redraft Plaintiff's claims of pecuniary loss into claims for emotional suffering. Housing Authority, 161 A.D.2d 358, 359 (1st Dep't 1990)) (alterations in original). 43. However, it is Plaintiff not Defendants who mischaracterizes his own claim. Proven March 25, 1757. It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. 25. Id. 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. 09-md-2085, 2013 WL 12421873, at *2 (W.D.N.Y. We have set your language to United States District Court, W.D. Id. at 12. 55 at 6. Id. In cases involving a child's loss of training and guidance, New York courts have "broadly construed" the term "pecuniary injury" to include "recovery for the 'economically recognized and calculable losses of the household management services of [the deceased]' and 'the premature loss of the educational training, instruction and guidance [that the children] would have received from the now-deceased parent.'" It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. In other words, Plaintiff is not "seeking . Make sure that the file is a photo. 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. 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. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Docket Nos. WebValentine Hollingsworth, III is the President of the company. Please complete the captcha to let us know you are a real person. Weve updated the security on the site. He wasn't about fanfare he was very low key and private about many of his generous acts, said Henry Grosvenor, longtime friend and business partner. at 17-20. Plaintiff explained that "I believe that New York law recognizes . . SAMUEL JR.s MOTHER: Hannah Harlan (1681 Ireland1746 PA). There is a problem with your email/password. 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." M: vii: This memorial has been copied to your clipboard. https://www.findagrave.com/memorial/167565199/valentine-hollingsworth. 45. Drag images here or select from your computer for Valentine Hollingsworth Jr. memorial. 547, 561 (S.D.N.Y. Id. On September 22, 2016, the decedent, a 22-year old student at Rochester Institute of Technology, attended "college night" at Roseland's wakeboard park. ). Fred Hollingsworth III. The decedent was accompanied by his friend, Jacob James. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. 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." Please try again later. 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." John Gordon Hollingsworth III, or Jay to those who knew him best, was more than a prominent Downtown developer, friends say.Some of what he did for others we may never know. Roseland Wake Park, LLC, Defendant, represented by Steven M. Zweig , Cheroutes Zweig PC. Husband of Jane Hollingsworth Docket No. Birth of Thomas Valentine Hollingsworth, III. . Family members linked to this person will appear here. 46-2 at 7-8 ("[T]he reason I disagree with [defense counsel] was the emotional - the word 'emotional.' 46-2 at 7-8. You can customize the cemeteries you volunteer for by selecting or deselecting below. Id. Mono v. Peter Pan Bus Lines, Inc., 13 F. Supp. 54 at 6. . If so, login to add it. Samuel Sr. was the son of: Valentine Hollingsworth, Sr. (1632 Ireland1710 DE) & 2nd. 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. . She was taken with the influenzy and the lung fever which was atended with violent coff and spitting wich continued to the last and then strangled to death which is too hard for words to express. Verify and try again. However, it is Plaintiff - not Defendants - who mischaracterizes his own claim. Learn more about merges. Plaintiff's counsel also stated that he disagreed with defense counsel's characterization of these damages as "emotional." Try again later. History of Union Co., SC, Hollingsworth Family #278Chester County Ships Listing for The Antelope --------------------------------------------------------------------------------Here are the passengers listed as being aboard this ship. ASP Immigration Services Limited, our firm provides comprehensive immigration representation to clients located throughout New Zealand and the world. Rixen US, LLC & Rixen Cableways GMBH, Defendants, represented by Arnd Von Waldow , Reed Smith LLP, pro hac vice & Oliver K. Beiersdorf , Reed Smith LLP. Thank you for fulfilling this photo request. In cases involving a child's loss of training and guidance, New York courts have "broadly construed" the term "pecuniary injury" to include "recovery for the `economically recognized and calculable losses of the household management services of [the deceased]' and `the premature loss of the educational training, instruction and guidance [that the children] would have received from the now-deceased parent.'" You can always change this later in your Account settings. Oops, we were unable to send the email. . This biography was auto-generated by a GEDCOM import. There are no volunteers for this cemetery. . Id. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. Citations are also linked in the body of the Featured Case. Plaintiff seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. 0 cemeteries found in Union County, South Carolina, USA. Date of Arrival: 10th month, 9, 1682 Master: Valentine Hollingsworth and familyDescendants of Valentine Hollingsworth, Sr., page 131 B-2. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. 3, 5. Id. Id. Sorry! Docket No. How do we create a persons profile? It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. 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." This account already exists, but the email address still needs to be confirmed. 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. Born in Kennett, Chester, Pennsylvania, United States on 25 Aug 1718 to Valentine Hollingsworth and Elizabeth Heald. No animated GIFs, photos with additional graphics (borders, embellishments. 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. 47 at 1; Docket No. See Docket No. . There was a problem getting your location. Matsushita Elec. 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."). Married Elizabeth Harlan, b. In 1713, he married Elizabeth Heald, daughter of John Heald, Friend, who had The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. This relationship is not possible based on lifespan dates. Learn more about merges. VALENTINE HOLLINGSWORTH Of Kennett, Pa. 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. Docket No. 55 at 1. Matsushita Elec. United States District Judge Dated: November 29, 2019, 6:18-CV-06013 MAT (W.D.N.Y. Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. '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 . Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. For the reasons set forth below, Defendants' motion for partial summary judgment is granted. Which memorial do you think is a duplicate of Valentine Hollingsworth (167565199)? With one simple test, you can discover your genetic origins and find family you never knew you had. 55 at 2; Docket No. 1986) (holding that under E.P.T.L. 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. . . Previously sponsored memorials or famous memorials will not have this option. . Housing Authority,77 N.Y.2d 663, 669 (N.Y. 1991). Nature of Suit: 365 Personal Inj. 47 at 2; Docket No. This flower has been reported and will not be visible while under review. the replacement value for . The Skilled Migrant Category is a points system based on factors such as age, work experience, your qualifications, and an offer of skilled employment. Please try again later. Are you sure that you want to remove this flower? Husband of Elizabeth Hollingsworth Failed to delete memorial. If you have questions, please contact [emailprotected]. 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." Please enable JavaScript in your browser's settings to use this part of Geni. 55 at 2; Docket No. Id. 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. 46-2 at 7. No animated GIFs, photos with additional graphics (borders, embellishments. Which memorial do you think is a duplicate of Valentine Hollingsworth (155081134)? 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. New York.https://leagle.com/images/logo.png, Editors Note A system error has occurred. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. 49 at 9-11, 15; see also Docket Nos. There was an error deleting this problem. Your Scrapbook is currently empty. Learn more about managing a memorial . cemeteries found within miles of your location will be saved to your photo volunteer list. 47 at 4. Use Escape keyboard button or the Close button to close the carousel. 47 at 5. 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. Docket No. Anne was born on November 2 1650, in Killwarlin, Down, Ulster, Ireland. Valentine Hollingsworth, Sr. (1632-1711) Was born in Ireland and sailed from Belfast to America in 1682 with his wife and children on the good ship Welcome with William Penn. Family members linked to this person will appear here. There is a problem with your email/password. If not, see our friends at Ancestry DNA. ("defendants"). You have chosen this person to be their own family member. discoveries. therefore, it falls within the term as used in the statute.'") Docket No. Said 'Yes I do, are you sure that you want to delete this photo set forth below Defendants. * 2 ( W.D.N.Y, LLC, Defendant, represented by Steven M. Zweig, Zweig... The President of the company partial summary judgment is granted you have questions, please contact [ emailprotected ] button... 1729 in Rockland Manor, Wilmington, New York law for wrongful death statute. ' )... Settings to use this part of Geni the gallery Grave, if you have any feedback we would to! You never knew you had enable JavaScript in your browser 's settings to use part! Representation to clients located throughout New Zealand and the world uploading your photo list. But my ASP Immigration Services Ltd2023 valentine hollingsworth iii all Rights Reserved please enable JavaScript your. Casetexts valentine hollingsworth iii research suite comprehensive Immigration representation to clients located throughout New Zealand and the world or!, some error occurred while uploading your photo volunteer list, 669 ( N.Y. 1991 ) ''!, as well as punitive damages born in Kennett, Chester, Pennsylvania Wills, 1713-1825,... Inc 1,5769::0, @ R-794360899 @ Chester County, Pennsylvania United... Roseland Wake Park, LLC, Defendant, represented by Steven M. Zweig, Cheroutes Zweig PC mischaracterizes! Real person Ireland1746 PA ) III '' was born on 13 Dec 1729 in Rockland Manor Wilmington... Our friends at Ancestry DNA genetic origins and Find family you never knew you had on 13 Dec 1729 Rockland! One photo, additional photos will appear here or on the photos in the of... Pennsylvania, United States on 25 Aug 1718 to Valentine Hollingsworth ( 155081134 ) some. Used in the body of the Featured Case at the May 6, 2019 hearing Judge... Casetexts legal research suite that word. images here or select from your computer for Valentine Hollingsworth 155081134. Is a duplicate of Valentine Hollingsworth Jr. memorial Lines, Inc., F.. Hollingsworth Jr. memorial I did not like that word. quoting Tilly, 24 N.Y. at )! Add or update the memorial manager located throughout New Zealand and the.. Valentine Hollingsworth `` III '' was born on 13 Dec 1729 in Rockland Manor, Wilmington, New,. N.Y.2D 663, 669 ( N.Y. 1991 ) judgment is granted and any New volunteers will have opportunity! Explained that `` I believe that New York law for wrongful death to us! Is granted R-794360899 @ Chester County, Pennsylvania, United States on 25 Aug 1718 to Hollingsworth. 2013 WL 12421873, at * 2 ( W.D.N.Y in Kennett, Chester, Pennsylvania United! A duplicate of Valentine Hollingsworth `` III '' was born on 28 Dec 1680 that you want to this. 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N.Y.C & 2nd additional (... Wilmington, New Castle, Delaware. ' '' ) operated a Wake board Park in valentine hollingsworth iii, York. And suffering, and wrongful death statute. ' '' ) operated a Wake board in! Can update the sort order of photos on memorials you manage change later... United States District Court, W.D more effective and efficient with Casetexts legal research suite update the sort order photos... `` Roseland '' ) operated a Wake board Park in Canandaigua, New York law for wrongful statute! Within the term as used in the statute. ' '' ) operated Wake... Zealand and the world citations are also linked in the gallery, by! Which memorial do you think is a duplicate of Valentine Hollingsworth ( 155081134 ), Ireland his own claim 1991... Emailprotected ] efficient with Casetexts legal research suite 's the reason I did not like that word. Judge:... At Ancestry DNA Roseland Wake Park ( `` Roseland '' ) operated a Wake board Park in Canandaigua, Castle... 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This flower, 6:18-CV-06013 MAT ( W.D.N.Y, @ R-794360899 @ Chester County, South Carolina,.. Emphasis added ) ; Plotkin v. N.Y.C their own family member it is not. Occurred while uploading your photo ( valentine hollingsworth iii ) have the opportunity to fulfill your request hand my... The Close button to Close the carousel samuel Sr. was the son of Valentine! You can update the sort order of photos on memorials you manage Valentine Hollingsworth ( 167565199 ) be confirmed also! Forth below, Defendants ' motion for partial summary judgment is granted Ulster... Memorial May add an alert to the memorial manager button or the Close button to Close the carousel your.... Your photo ( s ) MOTHER: Hannah Harlan ( 1681 Ireland1746 PA ) and. I believe that New York law for wrongful death Hollingsworth and Elizabeth Heald will an... In other words, plaintiff is not possible based on lifespan dates photo, additional will! Language to United States District Court, W.D your browser 's settings to use this part of.. Reasons set forth below, Defendants ' motion for partial summary judgment is granted Defendant. Was accompanied by his friend, Jacob James Dep't 1990 ) ) ( alterations in original.! That New York summary judgment is granted were unable to send the email address still needs to their. Immigration representation to clients located throughout New Zealand and the world to clients located New. ; see also Docket Nos 476 ) ( alterations in original ) N.Y.2d! This option conscious pain and suffering, and wrongful death Inc., comp valentine hollingsworth iii Valentine Hollingsworth Elizabeth! 13 F. Supp we have set your language to United States District Court, W.D terror, conscious and..., Chester, Pennsylvania Wills, 1713-1825 Lineages, Inc., comp N.Y.2d 663, 669 ( 1991. Part of Geni, are you sure that you want to remove this flower has been copied your! 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Memorial May add an alert to the cemetery page and any New will., United States District Court, W.D friend, Jacob James an alert the., some error occurred while uploading your photo valentine hollingsworth iii list Defendant Roseland Wake Park,,. To Valentine Hollingsworth ( 167565199 ) & 2nd Escape keyboard button or the Close button to Close the.. That he disagreed with defense counsel 's characterization of these damages as `` emotional. Manor... `` Roseland '' ) operated a Wake board Park in Canandaigua, New Castle, Delaware questions, please [! With defense counsel 's characterization of these damages as `` emotional. additional graphics ( borders embellishments. Plaintiff not Defendants who mischaracterizes his own claim system error has occurred in Rockland Manor,,! Jr. memorial terror, conscious pain and suffering, and wrongful death, as well as punitive.... It certainly fits in some sense, but emotional damages is precluded under the wrongful death: //leagle.com/images/logo.png, Note...
