1. 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. . emotional damages are not recoverable under New York law for wrongful death. 49 at 5. 55 at 1. There is a problem with your email/password. Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . . He died on 2 Sep 1834. Id. Year should not be greater than current year. Click the citation to see the full text of the cited case. Plaintiff seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. SAMUEL JR.s MOTHER: Hannah Harlan (1681 Ireland1746 PA). 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. Defendants filed their answers to Plaintiff's complaint on March 19, 2018. . We have set your language to Your account has been locked for 30 minutes due to too many failed sign in attempts. Learn more about merges. Id. Plaintiff seeks wrongful death damages stemming from the death of his son. Valentine lived at address. discoveries. 24 N.Y. 471, 476 (N.Y. 1862) (emphasis added); see also Rogow v. U.S., 173 F. Supp. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. . cemeteries found in Kennett Square, Chester County, Pennsylvania, USA will be saved to your photo volunteer list. . M: vii: Id. For memorials with more than one photo, additional photos will appear here or on the photos tab. 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." 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." 47 at 5. at 12. 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. , 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. Try again later. WebVal Hollingsworth became the Chair of the Board of Directors in 2022. Failed to report flower. . 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. 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." ROSELAND WAKE PARK, LLC, RIXEN US, LLC, and RIXEN CABLEWAYS GMBH, Defendants. This comment and citation can be deleted after the biography has been edited and primary sources are included. 54 at 15. James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." Plaintiff has conceded that he is not seeking the cost of replacement services; rather, he is seeking to recover for the cost of having a family member namely, his son oversee the individuals Plaintiff would hire to perform certain services, such as providing medical care and managing finances. of having a loved one perform . Quickly see who the memorial is for and when they lived and died and where they are buried. See id. 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. WebValentine HOLLINGSWORTH "II"was born on 12 Nov 1677. 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. . F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. at 17-20. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. 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. worth, Aaron Hollingsworth, Sarah Sally Hollingsworth, Reuben Hollingsworth, Dinah Diania Moody (born Hollingsworth), Jesse Hollingsworth 1775 - Laurens, South Carolina, United States. Powers & Trusts Law 5-4.3 . Six months later a clean, well-dressed man came up to him and said 'Do you remember me' and sang a few bars. 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.'" To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. 47 at 3. We encourage you to research and examine these records to determine their accuracy. You can always change this later in your Account settings. Failed to delete memorial. 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. She died on 26 Oct 1712. 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. 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. 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. Id. M vi Joseph HOLLINGSWORTHwas born on 10 May 1686. at 6. Oops, we were unable to send the email. Explore our extensive product lines and see how we can help improve your filter products. WebValentine married Anne Hollingsworth (born CALVERT) on month day 1672, at age 39 at marriage place. Plaintiff explained that "I believe that New York law recognizes . . While Plaintiff argues that the damages he seeks are pecuniary in nature, Defendants contend that the type of damages described by Plaintiff are emotional or sentimental - not pecuniary. Learn more about merges. (emphasis added). 54 at 6-7. . 11.7.1754 Thomas Hollingsworth-Jane Smith mar rept orderly 11.20.1765 Thomas Hollingsworth complained of by Center Meeting for neglecting meetings and drinking in excess. 6:2018cv06013 - Document 61 (W.D.N.Y. Include gps location with grave photos where possible. at 5. James married VERA. However, it is Plaintiff not Defendants who mischaracterizes his own claim. Docket No. Carol Ann Thieman and Valentine Hollingsworth 3d were married yesterday at St. Anne's-in-the-Fields Episcopal Church in Lincoln, Mass. 1 at 1. H > Hollingsworth > Valentine Hollingsworth III, WIKITREE HOME | ABOUT | G2G FORUM | HELP | SEARCH. at 13, 14. For memorials with more than one photo, additional photos will appear here or on the photos tab. The decedent was stabilized at Strong Memorial Hospital, but he experienced severe brain swelling. This flower has been reported and will not be visible while under review. Enter a grandparent's name. He was proud of his community and its history. Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." (emphasis added). Previously sponsored memorials or famous memorials will not have this option. 46-2 at 7-8. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. WebFamily of Henry HOLLINGSWORTH (2) & Katheran *3. See Docket No. 46-2 at 7. Other marriages: THOMAS, Elizabeth LANIER, Lavera [Notes] VERA was born in 1733 in , Duplin, North Carolina. You need a Find a Grave account to continue. There is 1 volunteer for this cemetery. Your Scrapbook is currently empty. Docket No. In 1713, he married Elizabeth Heald, daughter of John Heald, Friend, who had Thanks for using Find a Grave, if you have any feedback we would love to hear from you. Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 249 (1986). Ancestry.com Operations Inc 1,4725::0, Birth year: 1718; Birth city: Kennett Twp; Birth state: PA 1,4725::1251482, @R-794360899@ North Carolina, Land Grant Files, 1693-1960 Ancestry.com Ancestry.com Operations, Inc. 1,60621::0, U.S., Find A Grave Index, 1600s-Current Ancestry.com Ancestry.com Operations, Inc. Find A Grave 1,60525::0, Birth year: 1718; Birth city: Kennett Twp; Birth state: PA 1,4725::3039473, @R-794360899@ 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::4195140, U.S. and International Marriage Records, 1560-1900 Yates Publishing Ancestry.com Operations Inc 1,7836::0, Source number: 431.000; Source type: Electronic Database; Number of Pages: 1; Submitter Code: CJF 1,7836::591568, @R-794360899@ Family Data Collection - Births Edmund West, comp. Fred Hollingsworth III. 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. 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. Id. 45-49. 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 49 at 9-11, 15; see also Docket Nos. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Docket No. Translation on Find a Grave is an ongoing project. at 5. Docket Nos. Both the decedent and Mr. James utilized the full-size cable wakeboarding system. 55 at 6. It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. at 6. The email does not appear to be a valid email address. B. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. See id. Search above to list available cemeteries. . 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." 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. Powers & Trusts Law 5-4.3 . 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." 09-md-2085, 2013 WL 12421873, at *2 (W.D.N.Y. Defendants filed their answers to Plaintiff's complaint on March 19, 2018. Id. 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