The Rev. Both the decedent and Mr. James utilized the full-size cable wakeboarding system. See id. 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." This is a carousel with slides. 1. 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. Id. Listed below are the cases that are cited in this Featured Case. 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." Id. 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. . 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. 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. Learn about how to make the most of a memorial. Id. to allow recovery only for pecuniary loss. 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. 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." We have set your language to Anne was born on November 2 1650, in Killwarlin, Down, Ulster, Ireland. See Docket No. Are you sure that you want to delete this photo? The decedent was accompanied by his friend, Jacob James. Thanks for your help! Valentine died in 1711; he was 79. Docket No. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. This account already exists, but the email address still needs to be confirmed. Our focus on filtration and separation allows us to understand your applications and process needs. 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. at 6. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. based on information from your browser. Search above to list available cemeteries. Are you adding a grave photo that will fulfill this request? . Proven March 25, 1757. EMTs arrived on scene and transported the decedent to F.F. A system error has occurred. Prior to that, he served as H&Vs CEO for 24 years, having previously worked in a series of operations, Id. The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. There was a problem getting your location. The decedent was stabilized at Strong Memorial Hospital, but he experienced severe brain swelling. Id. Id. Id. Please contact Find a Grave at [emailprotected] if you need help resetting your password. . See Gonzalez v. N.Y.C. Drag images here or select from your computer for Valentine Hollingsworth Jr. memorial. Father of Nathaniel Hollingsworth; John Hollingsworth; Thomas Hollingsworth, IV; Susanah Burnett; Mary Chandler and 7 others; Err Hollingsworth; Levi Hollingsworth, (1764-1829); Judith Hollingsworth; Aaron Hollingsworth; Jane Hollingsworth; Joshua Hollingsworth and David Hollingsworth less M: vii: James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." Login to find your connection. The supplemental discovery response to which Plaintiff refers is found at Docket No. 1720 in Kennett Twp., Chester Co., Pennsylvania, in 1743. 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. Get an internationally recognised education and have the time of your life. 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." Valentine Hollingsworth III married Elizabeth HARLAN and had 4 children. @R550622117@ U.S., Quaker Meeting Records, 1681-1935 Ancestry.com Ancestry.com Operations, Inc. 1,2189::0 Swarthmore College; Swarthmore, Pennsylvania; Marriages, 1718-1821; Collection: Philadelphia Yearly Meeting Minutes; Call Number: MR-Ph 265 1,2189::100087750. Thank you for fulfilling this photo request. To add a flower, click the Leave a Flower button. 24 N.Y. 471, 476 (N.Y. 1862) (emphasis added); see also Rogow v. U.S., 173 F. Supp. "); In re Air Crash Near Clarence Center, New York, on Feb. 12, 2009, No. In other words, the pecuniary nature of this instruction and guidance is premised on the duty a parent has to his or her child. As explained in Bumpurs v. N.Y.C. Jay said 'Yes I do, are you ready for a job?' Sorry! 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. Failed to remove flower. 55 at 6. at 7. For the reasons set forth above, Defendants' motion for partial summary judgement is granted. "New York courts have strictly construed the wrongful death statute, N.Y. Est. Plaintiff's loss of services claim is dismissed. Id. Son of Thomas (Valentine) Hollingsworth, II and Judith Hollingsworth . James married VERA. New York. the psychological benefit . Docket No. 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. 55 at 4. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. Close this window, and upload the photo(s) again. 1959) ("[t]he New York Court of Appeals has stated that the intellectual, moral and physical training which a parent gives to a 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 . Learn more about managing a memorial . Your Scrapbook is currently empty. 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. Plaintiff's loss of services claim is dismissed. 54 at 6-7. He died in 1806. 547, 561 (S.D.N.Y. 46-2 at 7. There is 1 volunteer for this cemetery. Please check your email and click on the link to activate your account. WebValentine Hollingsworth, III is the President of the company. ; see also Docket No. Weve updated the security on the site. You need a Find a Grave account to continue. Translation on Find a Grave is an ongoing project. Docket Nos. . The decedent was stabilized at Strong Memorial Hospital, but he experienced severe brain swelling. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. Id. This memorial has been copied to your clipboard. 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." . 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." Thomas Hollingsworth (1729 - 1799) [aka Thomas IV] From pp 45-46, In America Since 1607: The Hollingsworth, Farmer and Judkins Families; their Ancestors, Descendants and many Related Families, by Walter I. Failed to delete memorial. Id. Try again later. Cellulose Composites Electrec Meltblown Membrane Microfiber Glass Molecular Nano Technology Listed below are those cases in which this Featured Case is cited. But, in essence, it's the - it's the psychological benefit to them of having a loved one perform these services as opposed to paying someone."). . Are you adding a grave photo that will fulfill this request? Id. 54 at 6-7. Docket No. Id. Please try again later. He died on 28 Oct 1795. You have chosen this person to be their own family member. 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.'" 54 at 15. See Docket No. at 13, 14. 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." 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. the psychological benefit . Id. If you have questions, please contact [emailprotected]. This account already exists, but the email address still needs to be confirmed. The factual allegations in the complaint are summarized as relevant, below. Morgan Guarantee Trust Co. of N.Y. v. Garrett Corp.,625 F.Supp. Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. . Are you sure that you want to delete this memorial? 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." Docket No. He was proud of his community and its history. 45. 55 at 5. WebWhen Robert Valentine Hollingsworth III was born in 1547, in Mottram, Cheshire, England, his father, Robert Valentine Hollingsworth Jr., was 27 and his mother, Agnes Savage, Id. Please ensure you have given Find a Grave permission to access your location in your browser settings. Housing Authority: 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. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. 1. Docket No. ." 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. Date of Arrival: 10th month, 9, 1682 Master: Valentine Hollingsworth and familyDescendants of Valentine Hollingsworth, Sr., page 131 B-2. We will review the memorials and decide if they should be merged. 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. Just one grandparent can lead you to many 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. ." He truly made a difference in this world.Mr. 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. WebThomas Valentine HOLLINGSWORTH "III" was born on 13 Dec 1729. M vi Joseph HOLLINGSWORTHwas born on 10 May 1686. Are you sure that you want to report this flower to administrators as offensive or abusive? Indus. Nov. 3, 2014) ("the law as currently enacted unquestionably precludes recovery of non-pecuniary damages for wrongful death claims."). With one simple test, you can discover your genetic origins and find family you never knew you had. 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." (emphasis added). at 5. For the reasons set forth below, Defendants' motion for partial summary judgment is granted. 47 at 5. The email does not appear to be a valid email address. . Mono v. Peter Pan Bus Lines, Inc., 13 F. Supp. This browser does not support getting your location. WebValentine Hollingsworth, the progenitor of most of the American Hollingsworths, arrived from County Armagh, Ireland with his family in 1682. (emphasis added). . Rule 56 of the Federal Rules of Civil Procedure. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. 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. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. 47 at 6; see also Docket No. 47 and 55. https://www.findagrave.com/memorial/167565199/valentine-hollingsworth. So that's the reason I did not like that word. . 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.") 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." at 23. Year should not be greater than current year. 25. However, it is Plaintiff not Defendants who mischaracterizes his own claim. Docket No. . Powers & Trusts Law 5-4.3 . This action arises out of tragic events occurring on September 22, 2016. They were part of William Penns 25. There was a problem getting your location. WebSamuel III was 11 when his father died; Jacob Sr. was 9. 29-4. He died on 22 Apr 1722. Failed to remove flower. See Gonzalez v. N.Y.C. 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."). 1986) (holding that under E.P.T.L. See Docket No. Docket No. 43. Which memorial do you think is a duplicate of Valentine Hollingsworth (155081134)? Full title:VALENTINE HOLLINGSWORTH, III, as representative of the Estate of Valentine, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK. 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. 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. Try again later. He previously was a member of the alumni board, and Born November 12, 1677. 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.' "New York courts have strictly construed the wrongful death statute, N.Y. Est. 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. 51-55), and Defendants filed their reply on August 12, 2019 (Docket No. 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. This flower has been reported and will not be visible while under review. ("defendants"). 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." ."). Discover your family history in millions of family trees and more than a billion birth, marriage, death, census, and military records. 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. Thanks for your help! 54 at 6. at 13, 16. You can customize the cemeteries you volunteer for by selecting or deselecting below. You must also be aged 55 or under, and meet English language, health, and character requirements. She died after 7 Oct 1793. Oops, something didn't work. 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. Docket No. Docket No. Married Elizabeth Harlan, b. Plaintiff explained that "I believe that New York law recognizes . Morgan Guarantee Trust Co. of N.Y. v. Garrett Corp., 625 F. Supp. WebResearch genealogy for Valentine Hollingsworth III of Kennett, Chester, Pennsylvania, United States, as well as other members of the Hollingsworth III family, on Ancestry. 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." Id. The wake boarding system, obstacles, ramps, and jumps were manufactured and designed by Rixen Cableways, and were purchased from and distributed by Rixen US. Hollingsworth-1765 was created by Ed Wynn through the import of Wynn_2014-08-24_01.ged on Aug 24, 2014. 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. . 11 when his father died ; Jacob Sr. was 9 offensive or abusive to continue want delete! Was 11 when his father died ; Jacob Sr. was 9 summarized as relevant, below New York have. 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