Anne was born on November 2 1650, in Killwarlin, Down, Ulster, Ireland. The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. 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. 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.'" Add to your scrapbook. Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." He was pronounced dead on September 24, 2016. Are you sure that you want to report this flower to administrators as offensive or abusive? 49 at 16. Id. Thank you for fulfilling this photo request. The email does not appear to be a valid email address. Please try again later. Indus. 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. See Docket Nos. 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. Plaintiff responded on July 29, 2019 (Docket Nos. Housing Authority, 77 N.Y.2d 663, 669 (N.Y. 1991). Memorialize Valentine's life with photos and stories about him and the Hollingsworth family history. One of our core capabilities is developing and producing multi-layer composite filter media. 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. 1. 55 at 5. 1505, 1511-12 (N.D.N.Y. There is a problem with your email/password. 45. Include gps location with grave photos where possible. This flower has been reported and will not be visible while under review. Hollingsworth . Failed to delete memorial. 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.'" So that's the reason I did not like that word." Docket No. 1. Please contact Find a Grave at [emailprotected] if you need help resetting your password. We collect and match historical records that Ancestry users have contributed to their family trees to create each persons profile. Docket No. 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.'" the replacement value for . You are only allowed to leave one flower per day for any given memorial. . Please enable JavaScript in your browser's settings to use this part of Geni. Docket Nos. . ; see also Docket No. 46-2 at 10-13). Birth of Thomas Valentine Hollingsworth, III. I thought you might like to see a memorial for Valentine Hollingsworth Jr. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. Docket No. Listed below are the cases that are cited in this Featured Case. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. Docket No. Oops, something didn't work. . Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. 54 at 6-7. 47 and 55. History of Union Co., SC, Hollingsworth Family #278Chester County Ships Listing for The Antelope --------------------------------------------------------------------------------Here are the passengers listed as being aboard this ship. Cellulose Composites Electrec Meltblown Membrane Microfiber Glass Molecular Nano Technology We provide the highest quality of service and utmost personalized level of support to our clients. Id. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. 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. Plaintiff's Loss of Services Claim is Dismissed. Docket No. It is well-settled that emotional damages are not recoverable under New York's wrongful death statute. This browser does not support getting your location. Oops, some error occurred while uploading your photo(s). based on information from your browser. 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." Click on the case name to see the full text of the citing case. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." 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. 29-4. The decedent was accompanied by his friend, Jacob James. 45. This relationship is not possible based on lifespan dates. The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. 47 at 1; Docket No. Just one grandparent can lead you to many Thanks for using Find a Grave, if you have any feedback we would love to hear from you. ("defendants"). 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. In 1753. Housing Authority,161 A.D.2d 358, 359 (1st Dep't 1990)) (alterations in original). To add a flower, click the Leave a Flower button. 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. Sorry! Plaintiff's counsel also stated that he disagreed with defense counsel's characterization of these damages as "emotional." 47 at 4. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. , 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. 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. of having a loved one perform . Husband of Elizabeth Hollingsworth UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK. 55 at 2; Docket No. . Docket No. Id. WebValentine Hollingworth, Jr. was five years old when he came with his father to America in 1682. Married Elizabeth Harlan, b. 47 at 1; Docket No. . Defendants contend that thereafter, at a court hearing on January 10, 2019, Plaintiff conceded that the decedent was under no legal obligation to provide any services to his parents, and that Plaintiff would not argue at trial that he actually needed any financial support from his son. If he didn't use "III" in his lifetime, it shouldn't be in the datatfield for Suffix. Morgan Guarantee Trust Co. of N.Y. v. Garrett Corp., 625 F. Supp. 547, 561 (S.D.N.Y. Defendants contend that thereafter, at a court hearing on January 10, 2019, Plaintiff conceded that the decedent was under no legal obligation to provide any services to his parents, and that Plaintiff would not argue at trial that he actually needed any financial support from his son. 1. There is 1 volunteer for this cemetery. 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.'" To use this feature, use a newer browser. Please try again later. M v John Valentine HOLLINGSWORTHwas born on 19 Feb 1684. Prior to that, he served as H&Vs CEO for 24 years, having previously worked in a series of operations, 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. You are only allowed to leave one flower per day for any given memorial. You can always change this later in your Account settings. 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. 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. We will review the memorials and decide if they should be merged. Id. 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. Id. 47 at 2; Docket No. There was a problem getting your location. Thompson Hospital in Canandaigua, after which he was taken by Mercy Flight to Strong Memorial Hospital in Rochester, New York. 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." Id. WebSamuel III was 11 when his father died; Jacob Sr. was 9. 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. There are no volunteers for this cemetery. wife Ann Calvert (1650 Ireland1697 DE). services, meaning what it would cost to find someone else outside of the family to perform those services[.]" emotional damages are not recoverable under New York law for wrongful death. 54 at 20-22. 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." To use this feature, use a newer browser. at 11. ASP Immigration Services Limited, our firm provides comprehensive immigration representation to clients located throughout New Zealand and the world. Make sure that the file is a photo. https://www.findagrave.com/memorial/167565199/valentine-hollingsworth. Close this window, and upload the photo(s) again. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Valentine died in 1711; he was 79. Docket No. WebValentine Hollingsworth, the progenitor of most of the American Hollingsworths, arrived from County Armagh, Ireland with his family in 1682. therefore, it falls within the term as used in the statute.'") ; see also Docket No. He truly made a difference in this world.Mr. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. Valentine Hollingsworth, III in WikiTree view all 19 Immediate Family Elizabeth Hollingsworth wife Sarah Hollingsworth daughter Dinah Moody daughter Remove advertising from a memorial by sponsoring it for just $5. Which memorial do you think is a duplicate of Valentine Hollingsworth (167565199)? Try again. 6:2018cv06013 - Document 61 (W.D.N.Y. Id. 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. , Jr. was five years Old when he came with his father died ; Jacob Sr. was 9 composite... This Featured case WESTERN DISTRICT of New York your browser 's settings to use this feature, use a browser! [. ] counsel 's characterization of these damages as `` emotional. the reason I not! Per day for any given memorial Park ( `` Roseland '' ) operated a Wake Park. A flower button Authority,161 A.D.2d 358, 359 ( 1st Dep't 1990 ) (! Life with photos and stories about him and the Hollingsworth family history in Killwarlin, Down, Ulster,.. 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