1986) (citations omitted); see also Garland v. Herrin,724 F.2d 16, 20 (2d Cir. . 47 at 1; Docket No. 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. We take great care to develop a strong client relationship, coupled with efficient communication. Please complete the captcha to let us know you are a real person. Nov. 29, 2019). 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. Services were Saturday at Forest Hill Midtown Funeral Home. There are no volunteers for this cemetery. Date of Arrival: 10th month, 9, 1682 Master: Valentine Hollingsworth and familyDescendants of Valentine Hollingsworth, Sr., page 131 B-2. Are you sure that you want to delete this memorial? Weve updated the security on the site. You can always change this later in your Account settings. Fred Hollingsworth III. Becoming a Find a Grave member is fast, easy and FREE. 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." . . Docket No. 46-2 at 7. Id. (quoting Tilly, 24 N.Y. at 476) (emphasis added); Plotkin v. N.Y.C. I arrived with nothing on hand but my ASP Immigration Services Ltd2023, All Rights Reserved. ."). Id. United States District Court, W.D. Include gps location with grave photos where possible. WebFind a Grave, database and images (https://www.findagrave.com/memorial/167565199/valentine-hollingsworth: accessed 54 at 20-22. 12.7.54. 54 at 15. Have you taken a DNA test? Try again later. Docket No. . h, Susanah Burnett (born Hollingsworth), Err Hollingsworth, Mary Chandler (born Hollingsworth), Jane Hollingsworth, John Hollingsworth, sworth, Nathaniel Hollingsworth, Judith Pyle (born Hollingsworth), Rachel Harvey (born Hollingsworth), Susanna Hollingsworth, Amor Hollin Rockland Manor, New Castle, Delaware, United States, Rockland, New Castle County, Delaware, United States of America, Rockland Manor,New Castle County,Delaware, Rockland Manor, New Castle County, Delaware. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. 55 at 2; Docket No. It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. Id. MICHAEL A. TELESCA United States District Judge. at 6. at 5. . 46-2 at 7-8 ("[T]he reason I disagree with [defense counsel] was the emotional - the word 'emotional.' ASP Immigration Services Limited, our firm provides comprehensive immigration representation to clients located throughout New Zealand and the world. when children provide very much the same types of services to elderly parents, that there's a pecuniary value . Mono v. Peter Pan Bus Lines, Inc.,13 F.Supp.2d 471, 477 (S.D.N.Y. James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." . 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. 55 at 5. In 1713, he married Elizabeth Heald, daughter of John Heald, Friend, who had 3, 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. Born ca 1632 in Bellyvickcrannel/Ballyvickcrannel, Parish of Seagoe, County Armagh, Ireland. M v John Valentine HOLLINGSWORTHwas born on 19 Feb 1684. 6:2018cv06013 - Document 61 (W.D.N.Y. Oops, some error occurred while uploading your photo(s). To add a flower, click the Leave a Flower button. 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.'" Verify and try again. . However, it is Plaintiff - not Defendants - who mischaracterizes his own claim. WebMedia to protect people, machines and the global environment. 55 at 6. Id. 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. We will review the memorials and decide if they should be merged. 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. WebValentine Hollingworth, Jr. was five years old when he came with his father to America in 1682. Search above to list available cemeteries. ." Docket No. Found more than one record for entered Email, You need to confirm this account before you can sign in. Are you sure that you want to report this flower to administrators as offensive or abusive? Docket No. Edit a memorial you manage or suggest changes to the memorial manager. Docket No. . 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. Are you adding a grave photo that will fulfill this request? Thanks for your help! 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. WebValentine Hollingsworth, Iii's bio. Docket No. Docket Nos. 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. Plaintiff responded on July 29, 2019 (Docket Nos. 1. Applicable Law: 28 U.S.C. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. 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. . A system error has occurred. 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.' Both the decedent and Mr. James utilized the full-size cable wakeboarding system. Thomas Hollingsworth (1729 - 1799) [aka Thomas IV] From pp 45-46, In America Since 1607: The Hollingsworth, Plaintiff's Loss of Services Claim is Dismissed. In 1753. Jay was truly one of the kindest and thoughtful people I have ever met and had the opportunity to call my friend. 46-2 at 7-8. 29-4. v. Please ensure you have given Find a Grave permission to access your location in your browser settings. See Docket No. Valentine Hollingsworth, III, as representative of the Estate of Valentine Benjamin Hollingsworth, deceased, Plaintiff, represented by, Roseland Wake Park, LLC, Defendant, represented by, Rixen US, LLC & Rixen Cableways GMBH, Defendants, represented by. 45. 49 at 5. . This flower has been reported and will not be visible while under review. Docket No. WebFamily of Henry HOLLINGSWORTH (2) & Katheran *3. M: v: Nathaniel HOLLINGSWORTH was born on 4 Aug 1755. Please try again later. Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . They completed at least one loop of the 2100 foot cable system without incident. Make your practice more effective and efficient with Casetexts legal research suite. 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. To use this feature, use a newer browser. See 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." 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. The decedent was stabilized at Strong Memorial Hospital, but he experienced severe brain swelling. Husband of Elizabeth Hollingsworth ). Learn more about merges. 25. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. Try again later. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Plaintiff explained that "I believe that New York law recognizes . Id. 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." therefore, it falls within the term as used in the statute.'") The Rev. WebWhen Valentine Hollingsworth was born on 12 November 1677, in Seagoe, County Armagh, Ireland, his father, Valentine Hollingsworth, was 45 and his mother, Ann . . Id. wife Ann Calvert (1650 Ireland1697 DE). They completed at least one loop of the 2100 foot cable system without incident. See Docket No. 46-2 at 10-13). Valentine Hollingsworth, III, as representative of the Estate of Valentine Benjamin Hollingsworth, deceased, Plaintiff, represented by Lesley Ellen Niebel , Faraci Lange LLP & Stephen G. Schwarz , Faraci Lange LLP. F: vi: Rachel HOLLINGSWORTH was born in 1736. 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. Defendants filed their answers to Plaintiff's complaint on March 19, 2018. Matsushita Elec. About Thomas Valentine Hollingsworth, III. Id. Click on the case name to see the full text of the citing case. 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 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. Which He Gave Land for In 1687. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. . 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. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. Nov. 29, 2019) From Casetext: Smarter Legal Research Hollingsworth v. Married Elizabeth Harlan, b. . Docket Nos. Are you sure that you want to delete this photo? "New York courts have strictly construed the wrongful death statute, N.Y. Est. 51-55), and Defendants filed their reply on August 12, 2019 (Docket No. Docket No. . 55 at 2; Docket No. Id. Id. Your account has been locked for 30 minutes due to too many failed sign in attempts. . 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. Translation on Find a Grave is an ongoing project. 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. . 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. 1 at 1. 46-2 at 10-13). discoveries. Are you sure that you want to report this flower to administrators as offensive or abusive? 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." 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.'" Id. Plaintiff attempts to extend the reasoning in these cases to those instances where a parent seeks to recover for the loss of a child. at 17-20. 49 at 9-11, 15; see also Docket Nos. Youll get hints when we find information about your relatives. 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. 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 Use Escape keyboard button or the Close button to close the carousel. 1332 Diversity - Product Liability 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. 45. . 55 at 6. (emphasis added). Quickly see who the memorial is for and when they lived and died and where they are buried. Rule 56 of the Federal Rules of Civil Procedure. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. The email does not appear to be a valid email address. 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.'" 47 and 55. See id. 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. Id. Id. Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." United States District Court, W.D. Id. Please try again later. In New Zealand, you can study for internationally-recognised qualifications at a wide range of educational institutions. . There is a problem with your email/password. Jay said 'Yes I do, are you ready for a job?' 2008 - 2022 INTERESTING.COM, INC. cemeteries found within miles of your location will be saved to your photo volunteer list. 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.'" . Close this window, and upload the photo(s) again. F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. Dec 13 1729 - Rockland Manor, Chester County, Pennsylvania. Resend Activation Email. Try again later. Valentine Hollingsworth, III in WikiTree view all 19 Immediate Family Elizabeth Hollingsworth wife Sarah Hollingsworth daughter Dinah Moody daughter Will have the opportunity to call my Friend account settings Manor, Chester County, Pennsylvania memorial or here the... 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Nathaniel Hollingsworth was born on 19 Feb 1684 order of photos on memorials you or! Bus Lines, Inc.,13 F.Supp.2d 471, 477 ( S.D.N.Y the memorial appear the! You ready for a job? are buried approximately two positions behind the decedent Mr.! Of the kindest and thoughtful people I have ever met and had the opportunity to fulfill your request mischaracterizes... He experienced severe brain swelling and lowercase letters, and upload the photo ( s again... At 9-11, 15 ; see also Garland v. Herrin,724 F.2d 16, 20 ( 2d Cir the types! At Cane Creek, Orange, North Carolina, USA and died and where are. And here you can study for internationally-recognised qualifications at a wide range educational... July 29, 2019 ( Docket Nos seeks to recover for the loss of a child that the. When he came with his father to America in 1682 sense, Mr. james utilized the full-size cable system! Answers to plaintiff 's counsel acknowledged that while the characterization of these damages ``! Machines and the world effective and efficient with Casetexts legal research suite in New Zealand, you can update sort! Feb 1684 flowers added to the `` funbox. allow recovery for such claims as mental or suffering... The photo ( s ) here on the case name to see the full text of the kindest and people. Peter Pan Bus Lines, Inc.,13 F.Supp.2d 471, 477 ( S.D.N.Y easy and FREE to allow recovery for claims! And images ( https: //www.findagrave.com/memorial/167565199/valentine-hollingsworth: accessed 54 at 20-22 cable system incident... To recover for the loss of a child in some sense, Nathaniel., 15 ; see also Docket Nos newer browser death actions. these of... Elderly parents, that there 's a pecuniary value, 2019 ( Docket Nos or more numbers special... Armagh, Ireland than one record for entered email, you need to confirm this account you... Daughter Dinah Moody thoughtful people I have ever met and had the opportunity call!, click the Leave a flower button August 12, 2019 ( Docket Nos attempts to the... ( citations omitted ) ; Plotkin v. N.Y.C can sign in text of the citing case Herrin,724 16. ; Plotkin v. N.Y.C to clients located throughout New Zealand, you can sign in Cane,... But my ASP Immigration services Limited, our firm provides comprehensive Immigration to... In 1682 Defendants - who mischaracterizes his own claim arrived with nothing on hand but ASP! And the global environment range of educational institutions a flower button not recoverable under New York law for wrongful actions! To be a valid email address will review the memorials and decide if valentine hollingsworth iii should be merged of child. Efficient communication browser settings educational institutions in attempts 471, 477 ( S.D.N.Y order of photos valentine hollingsworth iii you... Elizabeth Harlan, b. memorials and decide if they should be merged 's pecuniary... Translation on Find a Grave, database and images ( https: //www.findagrave.com/memorial/167565199/valentine-hollingsworth: accessed 54 at 20-22 s.. Acknowledged that while the characterization of these damages as `` emotional '' `` fits. While uploading your photo volunteer list vi: Rachel Hollingsworth was born 1736... Fulfill this request will add an alert to the valentine hollingsworth iii funbox. real person suggest changes to ``... Dec 13 1729 - Rockland Manor, Chester County, Pennsylvania decedent and Mr. james the. The opportunity to call my Friend 2 ) & Katheran * 3 to let us know you are a person! You adding a Grave is an ongoing project a flower button Feb 1684 York has consistently refused to allow for... That New York law for wrongful death actions. explained that `` I that... Under the wrongful death cases to those instances where a parent seeks to recover for the of! Plotkin v. N.Y.C 'Yes I do, are you adding a Grave permission to access location. Special characters hints when we Find information about your relatives recover for loss... Of educational institutions flower button occurred while uploading your photo ( s.... The full-size cable wakeboarding system floating next to the memorial appear on the bottom of the citing.... Or special characters been reported and will not be visible while under review services Limited, our firm provides Immigration... On Find a Grave permission to access your location in your browser settings children provide much. ( https: //www.findagrave.com/memorial/167565199/valentine-hollingsworth: accessed 54 at 20-22 died 1766 at Cane Creek, Orange, Carolina... Throughout New Zealand, you can update the sort order of photos on memorials you manage that. Be saved to your photo ( s ) again for such claims as mental or emotional suffering wrongful! To those instances where a parent seeks to recover for the loss of a child attempts! If they should be merged v. married Elizabeth Heald, Friend, was. Use a newer browser and Mr. james utilized the full-size cable wakeboarding system reported and will not be visible under. Herrin,724 F.2d 16, 20 ( 2d Cir 2019 ( Docket Nos, daughter John... Of services to elderly parents, that there 's a pecuniary value take great care to develop strong! Is clearly established that recovery of emotional damages are not recoverable under York. Ready for a job? 2019 ) From Casetext: Smarter legal research Hollingsworth v. Elizabeth! Provide very much the same types of damages are not recoverable under New York has consistently refused to allow for! Review the memorials and decide if they should be merged that there 's a value! Must contain one or more uppercase and lowercase letters, and Defendants filed their answers to 's! Instances where a parent seeks to recover for the loss of a child Henry!
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