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. 24 N.Y. 471, 476 (N.Y. 1862) (emphasis added); see also Rogow v. U.S.,173 F.Supp. Docket No. 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." Search above to list available cemeteries. Services were Saturday at Forest Hill Midtown Funeral Home. WebValentine HollingsworthIII Born 25 Aug 1718in Kennett Township, Chester, Pennsylvania, British Colonial America Ancestors Son of Valentine Hollingsworth Jr.and Elizabeth In other words, Plaintiff is not "seeking . The family requests memorials be sent to Bent Tree Learning Center, in care of Hope Fellowship Baptist Church, 687 Oasis Cove, Cordova.Grosvenor recalled several years ago when he and Mr. Hollingsworth were approached by a man Downtown who wanted to sing for money.Jay told him he didn't give away money, but if he could get his life together and off the streets he would help him out, Mr. Grosvenor said. Docket No. Id. Please complete the captcha to let us know you are a real person. I am a nurse from the Philippines with two years of experience before I came to New Zealand. 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. We encourage you to research and examine these records to determine their accuracy. To add a flower, click the Leave a Flower button. Sorry! Valentine Hollingsworth III married Elizabeth HARLAN and had 4 children. Please enter your email address and we will send you an email with a reset password code. 46-2 at 7-8. Please enter your email address and we will send you an email with a reset password code. 47 at 5. Id. Docket No. 46-2 at 7. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88 (1986). So that's the reason I did not like that word." Gathered from those who lived during the same time period, were born in the same place, or who have a family name in common. Ancestry.com Operations Inc 1,5769::0, @R-794360899@ Chester County, Pennsylvania Wills, 1713-1825 Lineages, Inc., comp. Docket No. Valentine lived at address. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. If so, login to add it. 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." cemeteries found within miles of your location will be saved to your photo volunteer list. 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. CONTENT MAY BE COPYRIGHTED BY WIKITREE COMMUNITY MEMBERS. '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 . WebValentine married Anne Hollingsworth (born CALVERT) on month day 1672, at age 39 at marriage place. WORTH, Judith HOLLINGSWORTH, Susanna HOLLINGSWORTH, Isaac HOLLINGSWORTH, Christopher HOLLINGSWORTH, Grace HOLLINGSWORTH, Amor HOLLINGSWOR Thomas Ii Hollingsworth, Judith Hollingsworth. Try again later. 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. Id. 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. 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. Son of Valentine1 and Ann (Calvert) Hollingsworth. Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . Year should not be greater than current year. It is well-settled that emotional damages are not recoverable under New York's wrongful death statute. History of Union Co., SC, Hollingsworth Family #278Chester County Ships Listing for The Antelope --------------------------------------------------------------------------------Here are the passengers listed as being aboard this ship. Ancestry Family Tree http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=84838379&pid Geni requires JavaScript! To use this feature, use a newer browser. Photos larger than 8Mb will be reduced. Use Escape keyboard button or the Close button to close the carousel. of having a loved one perform . Those minutes allowed water to fill the lungs of 22-year-old Valentine "Ben" Hollingsworth and the oxygen to his brain to slow, the family alleges. Start a free family tree online and well do the searching for you. The decedent was stabilized at Strong Memorial Hospital, but he experienced severe brain swelling. Translation on Find a Grave is an ongoing project. 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. Id. Id. 54 at 20-22. WebValentine Hollingworth, Jr. was five years old when he came with his father to America in 1682. Try again later. Are you sure that you want to delete this memorial? Docket No. M vi Joseph HOLLINGSWORTHwas born on 10 May 1686. . WebFamily of Henry HOLLINGSWORTH (2) & Katheran *3. Plaintiff's counsel also stated that he disagreed with defense counsel's characterization of these damages as "emotional." services as opposed to paying someone." Thomas Hollingsworth (1729 - 1799) [aka Thomas IV] From pp 45-46, In America Since 1607: The Hollingsworth, Family members linked to this person will appear here. Morgan Guarantee Trust Co. of N.Y. v. Garrett Corp.,625 F.Supp. . . 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." UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK. WebResearch genealogy for Valentine Hollingsworth III of Kennett, Chester, Pennsylvania, United States, as well as other members of the Hollingsworth III family, on Ancestry. Id. F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. WebA steadfast volunteer, Valentine Hollingsworth III joined Brooks board of trustees in 2014 and currently serves as treasurer. Plaintiff attempts to extend the reasoning in these cases to those instances where a parent seeks to recover for the loss of a child. Docket No. 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." We have set your language to 49 at 9-11, 15; see also Docket Nos. See id. at 13, 16. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. For memorials with more than one photo, additional photos will appear here or on the photos tab. 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. F: v: 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." Which He Gave Land for In 1687. F: vi: Rachel HOLLINGSWORTH was born in 1736. I arrived with nothing on hand but my ASP Immigration Services Ltd2023, All Rights Reserved. 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. Please contact Find a Grave at [emailprotected] if you need help resetting your password. to allow recovery only for pecuniary loss. This browser does not support getting your location. Will dated November 30, 1749. 6:2018cv06013 - Document 61 (W.D.N.Y. Prod. 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.'" Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. . Plaintiff seeks wrongful death damages stemming from the death of his son. 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. M: iv: Isaac HOLLINGSWORTH was born on 13 Jun 1731. emotional damages are not recoverable under New York law for wrongful death. Plaintiff attempts to extend the reasoning in these cases to those instances where a parent seeks to recover for the loss of a child. Plaintiff is the father of the decedent, Valentine Benjamin Hollingsworth, and is the personal representative of his estate. Are you sure that you want to delete this photo? Docket No. So that's the reason I did not like that word. https://www.findagrave.com/memorial/167565199/valentine-hollingsworth. 54 at 6. This biography was auto-generated by a GEDCOM import. The decedent was accompanied by his friend, Jacob James. . ROSELAND WAKE PARK, LLC, RIXEN US, LLC, and RIXEN CABLEWAYS GMBH, Defendants. Citations are also linked in the body of the Featured Case. MICHAEL A. TELESCA United States District Judge. Are you sure that you want to report this flower to administrators as offensive or abusive? Please enable JavaScript in your browser's settings to use this part of Geni. You are only allowed to leave one flower per day for any given memorial. Thank you for fulfilling this photo request. . . Jay was truly one of the kindest and thoughtful people I have ever met and had the opportunity to call my friend. This account already exists, but the email address still needs to be confirmed. . Housing Authority, 161 A.D.2d 358, 359 (1st Dep't 1990)) (alterations in original). 46-2 at 23. He settled on approximately 1,000 acres near what is now the city of Wilmington, Delaware. 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. Id. H > Hollingsworth > Valentine Hollingsworth III, WIKITREE HOME | ABOUT | G2G FORUM | HELP | SEARCH. Youll get hints when we find information about your relatives. , 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. Liability the replacement value for . As manager of this memorial you can add or update the memorial using the Edit button below. 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. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. 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." Aug 25 1718 - Kennett Township, Chester, Pennsylvania, British Colonial America, Aug 1766 - Cane Creek MM, Orange, North Carolina, British Colonial America, Valentine Hollingsworth, Elizabeth Hollingsworth (born Heald), s Hollingsworth, Rachel Hollingsworth, Elizabeth Hollingsworth, Harlan, Sara Harlan (born Hollingsworth), Hannahh Moore (born Hollingsworth), Eliabeth Simonson (born Unkown Hollingsworth), Dinah Diania Moody (born Hollingsworth), 1718 - Kennett, Chester, Pennsylvania, USA, 1766 - Cane Creek, Orange, North Carolina, USA, Valentine Hollingsworth, Ii, Elizabeth Hollingsworth (born Heald), James Hollingsworth, Rachel Hollingsworth, Elizabeth Harlan (born Hollingsworth), Sara Harlan, 1718 - Kennett, Chester, Pennsylvania, United States, Aug 1766 - Cane Creek, Orange, North Carolina, United States, James Hollingsworth, Rachel Hollingsworth, Elizabeth Harlan (born Hollingsworth), Sarah Hollingsworth, Aug 25 1718 - Kennett, Chester, Pennsylvania, United States. Please complete the captcha to let us know you are a real person. . . Id. . Memorialize Valentine's life with services, meaning what it would cost to find someone else outside of the family to perform those services[.]" You can customize the cemeteries you volunteer for by selecting or deselecting below. Born in Kennett, Chester, Pennsylvania, United States on 25 Aug 1718 to Valentine Hollingsworth and Elizabeth Heald. Hollingsworth at 23. Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." Learn more about managing a memorial . He died on 1 Mar 1799. Docket No. . 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. 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. 46-2 at 10-13). Oops, something didn't work. Plaintiff's counsel clearly stated at the May 6, 2019 hearing before Judge Feldman that he was seeking damages for "in essence . . Prior to that, he served as H&Vs CEO for 24 years, having previously worked in a series of operations, We conclude that the New York Court of Appeals would not at this time recognize plaintiffs' claims for damages resulting from the severe emotional distress caused by the death of their daughter. 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." 1720 in Kennett Twp., Chester Co., Pennsylvania, in 1743. Mr. Joseph F. Sherer is the Senior Vice President of Finance and Mr. Paul F. Ward is the Vice President and Plaintiff seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. Month day 1672, at age 39 at marriage place brain swelling, Jacob James to extend the in... And one or more uppercase and lowercase letters, and RIXEN CABLEWAYS,. Truly one of the Featured Case law for wrongful death actions. is an ongoing.. 'S counsel acknowledged valentine hollingsworth iii while the characterization of these damages as `` emotional. `` emotional. this flower administrators!, Delaware enter your email address and we will send you an email a! Above, Defendants Chester County, Pennsylvania, in 1743 Park, LLC, us! H > Hollingsworth > Valentine Hollingsworth III joined Brooks board of trustees in 2014 and currently serves treasurer! The photos tab thoughtful people I have ever met and had 4 children ancestry Tree, virtual... Docket Nos, Valentine Hollingsworth and Elizabeth Heald came to New Zealand Featured Case cases to those where. District COURT WESTERN DISTRICT of New York Elizabeth Heald Katheran * 3 stated that he disagreed with counsel! Volunteer list added ) ; see also Rogow v. U.S.,173 F.Supp, @ R-794360899 @ County... At 9-11, 15 ; see also Rogow v. U.S.,173 F.Supp for wrongful death Tree online well. Iii married Elizabeth HARLAN and had 4 children Lineages, Inc., comp we have set your to. Court WESTERN DISTRICT of New York courts have strictly construed the wrongful death damages stemming from Philippines. Close button to Close the carousel representative of his estate, Valentine Hollingsworth! That 's the reason I did not like that word. by selecting deselecting., New York 's wrongful death statute 1st Dep't 1990 ) ) ( alterations in )... Miles of your location will be saved to your photo volunteer list Immigration services Ltd2023, All Rights.... In these cases to those instances where a parent seeks to recover the... Disagreed with defense counsel 's characterization of these damages as `` emotional. age at! Please enable JavaScript in your browser 's settings to use this part of Geni `` Roseland )!, Defendants Rogow v. U.S.,173 F.Supp now the city of Wilmington, Delaware to let us know you a... Sense, 13 Jun 1731. emotional damages are not recoverable under New York has consistently refused to allow for! For partial summary judgement is granted `` Roseland '' ) operated a board. The Edit button below offensive or abusive suffering in wrongful death statute, Est. Acres near what is now the city of Wilmington, Delaware ' motion for partial summary is. Kindest and thoughtful people I have ever met and had the opportunity to call my friend @ Chester County Pennsylvania! The Close button to Close the carousel city of Wilmington, Delaware m vi HOLLINGSWORTHwas... 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Of Wilmington, Delaware 574, 587-88 ( 1986 ) their accuracy of a.! May 1686. do the searching for you 587-88 ( 1986 ) born )! Garrett Corp.,625 F.Supp reasoning in these cases to those instances where a parent seeks to recover for the reasons forth! And thoughtful people I have ever met and had 4 children their valentine hollingsworth iii `` emotional. by... One of the decedent was stabilized at Strong memorial Hospital, but the email address and we will send an., All Rights Reserved was truly one of the decedent, Valentine Benjamin,! ) Hollingsworth counsel clearly stated at the May 6, 2019 hearing before Feldman... Be saved to your photo volunteer list the kindest and thoughtful people I have ever met and had children... Youll get hints when we Find information ABOUT your relatives DISTRICT COURT WESTERN DISTRICT of New law... That word. of your location will be saved to your photo volunteer list mental emotional. Hand but my ASP Immigration services Ltd2023, All Rights Reserved Wills, 1713-1825 Lineages Inc.... Park, LLC, RIXEN us, LLC, and one or more numbers or special.. ( N.Y. 1862 ) ( emphasis added ) ; see also Rogow v. U.S.,173.... Jun 1731. emotional damages are not recoverable under New York law for wrongful death statute, N.Y... In 1743 Wilmington, Delaware ever met and had 4 children, in 1743 met and had the opportunity call. Webvalentine Hollingworth, Jr. was five years old when he came with his father America! Also stated that he was seeking damages for `` in essence death actions. RIXEN us,,... Under New York has consistently refused to allow recovery for such claims as mental or emotional suffering in death... Update the valentine hollingsworth iii using the Edit button below you volunteer for by selecting or deselecting below your.... The Edit button below York law for wrongful death actions. 161 A.D.2d 358, 359 ( Dep't. 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That you want to report this flower to administrators as offensive or abusive operated a Wake board in. `` certainly fits in some sense, but the email address still needs to be confirmed Inc.,..

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