This biography was auto-generated by a GEDCOM import. . This flower has been reported and will not be visible while under review. at 12. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Please complete the captcha to let us know you are a real person. Memorialize Valentine's life with . services as opposed to paying someone." He lived at address, Pennsylvania. Many of the modern surnames in the dictionary can be traced back to Britain and Ireland, Do not sell or share my personal information. Hollingsworth v. Roseland Wake Park LLC Emotional Damages in Loss of Services Claim Not Recoverable Under N.Y. Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. . VALENTINE HOLLINGSWORTH Of Kennett, Pa. 55 at 6. or don't show this againI am good at figuring things out. at 21. If not, see our friends at Ancestry DNA. Plaintiff's loss of services claim is dismissed. Please try again later. No animated GIFs, photos with additional graphics (borders, embellishments. MICHAEL A. TELESCA United States District Judge. Agent: C T Corporation System Los Angeles, CA 90017 (Physical) SIC: 2621 - Paper Mills The decedent was accompanied by his friend, Jacob James. Docket No. Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." WebSamuel III was 11 when his father died; Jacob Sr. was 9. Died 1757. . They were part of William Penns 49 at 5. These types of damages are not recoverable under New York's wrongful death statute. EMTs arrived on scene and transported the decedent to F.F. 752, 760-61 (S.D.N.Y. Powers & Trusts Law 5-4.3 . 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. 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 have chosen this person to be their own family member. to allow recovery only for pecuniary loss. This browser does not support getting your location. 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. Docket No. Born in Kennett, Chester, Pennsylvania, United States on 25 Aug 1718 to Valentine Hollingsworth and Elizabeth Heald. It is well-settled that emotional damages are not recoverable under New York's wrongful death statute. See Docket No. ROSELAND WAKE PARK, LLC, RIXEN US, LLC, and RIXEN CABLEWAYS GMBH, Defendants. Verify and try again. I am a nurse from the Philippines with two years of experience before I came to New Zealand. 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." So that's the reason I did not like that word. This relationship is not possible based on lifespan dates. WebValentine HollingsworthIII Born 25 Aug 1718in Kennett Township, Chester, Pennsylvania, British Colonial America Ancestors Son of Valentine Hollingsworth Jr.and Elizabeth 47 at 1; Docket No. . Docket No. '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 . Id. Matsushita Elec. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. at 21. Docket No. 47 at 2; Docket No. No animated GIFs, photos with additional graphics (borders, embellishments. Docket No. Plaintiff attempts to extend the reasoning in these cases to those instances where a parent seeks to recover for the loss of a child. to allow recovery only for pecuniary loss. Our focus on filtration and separation allows us to understand your applications and process needs. Valentine is 15 degrees from Margaret Atwood, 17 degrees from Jim Carrey, 19 degrees from Elsie Knott, 19 degrees from Gordon Lightfoot, 20 degrees from Alton Parker, 18 degrees from Beatrice Tillman, 19 degrees from Jenny Trout, 19 degrees from Justin Trudeau, 21 degrees from Edwin Boyd, 15 degrees from Barbara Hanley, 25 degrees from Fanny Rosenfeld and 16 degrees from Cathryn Hondros on our single family tree. This account already exists, but the email address still needs to be confirmed. The supplemental discovery response to which Plaintiff refers is found at Docket No. Anne was born on November 2 1650, in Killwarlin, Down, Ulster, Ireland. Docket No. . . 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. Buried in Burying Grounds, Newark, Del. Presently before the Court is Defendants' joint motion for partial summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking dismissal of Plaintiff's loss of services claim. Id. at 13, 14. You can always change this later in your Account settings. therefore, it falls within the term as used in the statute.'") Cause: 28 U.S.C. 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." . The complaint also seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. 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. 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.' Please reset your password. The sponsor of a memorial may add an additional. For memorials with more than one photo, additional photos will appear here or on the photos tab. Liability 12.7.54. . See Docket No. services, meaning what it would cost to find someone else outside of the family to perform those services[.]" There is 1 volunteer for this cemetery. . Born ca 1632 in Bellyvickcrannel/Ballyvickcrannel, Parish of Seagoe, County Armagh, Ireland. at 12. Accordingly, Plaintiff's loss of services claim is dismissed. After starting his career as a firefighter and paramedic, then longtime director of Public Services in Germantown, he developed and managed properties for the last 15 years.He was especially active in renovating historic properties Downtown, and in partnering with faith-based groups to provide affordable housing in inner-city neighborhoods.He was artful in coming up with creative solutions to the many difficulties in adaptive reuse of 100-year-old high-rise buildings both in financial structuring and construction, Grosvenor said.A friend for the past 20 years and a business partner for 15, Stephen Turgeon has fond memories of Mr. Hollingsworth.He exemplified the best of Memphis, Turgeon said. . Use Escape keyboard button or the Close button to close the carousel. 49 at 9-11, 15; see also Docket Nos. 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, The supplemental discovery response to which Plaintiff refers is found at Docket No. She died on 7 Sep 1824. He died on 22 Apr 1722. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). This comment and citation can be deleted after the biography has been edited and primary sources are included. Docket Nos. Plaintiff is the father of the decedent, Valentine Benjamin Hollingsworth, and is the personal representative of his estate. Docket No. emotional damages are not recoverable under New York law for wrongful death. You can always change this later in your Account settings. Id. Docket No. Id. Previously sponsored memorials or famous memorials will not have this option. Presently before the Court is Defendants' joint motion for partial summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking dismissal of Plaintiff's loss of services claim. 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." Docket No. 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. WebValentine Hollingsworth, Iii's bio. It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. Docket No. Mono v. Peter Pan Bus Lines, Inc., 13 F. Supp. We will review the memorials and decide if they should be merged. Indus. You need a Find a Grave account to continue. 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." 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. During the the next loop, the decedent approached a ramp/jump called the "funbox." 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. Son of John Valentine Hollingsworth, Jr. and Elizabeth Hollingsworth Share this memorial using social media sites or email. 46-2 at 7-8. WebA steadfast volunteer, Valentine Hollingsworth III joined Brooks board of trustees in 2014 and currently serves as treasurer. 55 at 5. For the reasons set forth above, Defendants' motion for partial summary judgement is granted. 49 at 9-11, 15; see also Docket Nos. 43. Other marriages: THOMAS, Elizabeth LANIER, Lavera [Notes] VERA was born in 1733 in , Duplin, North Carolina. Please contact Find a Grave at [emailprotected] if you need help resetting your password. As manager of this memorial you can add or update the memorial using the Edit button below. "New York courts have strictly construed the wrongful death statute, N.Y. Est. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. However, it is Plaintiff - not Defendants - who mischaracterizes his own claim. He was proud of his community and its history. A system error has occurred. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. 29-4. 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. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. of having a loved one perform . 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." . 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's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . You have chosen this person to be their own family member. There was a problem getting your location. Id. Housing Authority, 77 N.Y.2d 663, 669 (N.Y. 1991). therefore, it falls within the term as used in the statute.'") Docket No. (quoting Tilly, 24 N.Y. at 476) (emphasis added); Plotkin v. N.Y.C. WIKITREE PROTECTS MOST SENSITIVE INFORMATION BUT ONLY TO THE EXTENT STATED IN THE TERMS OF SERVICE AND PRIVACY POLICY. . 54 at 6-7. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. Clearly established that recovery of emotional damages is precluded under the wrongful death actions. is standing/active!, embellishments Philippines with two years of experience before I came to New Zealand Previous. Like that word or the Close button to Close the carousel to allow recovery for such as. 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