See Docket No. Click on the case name to see the full text of the citing case. Plaintiff seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. 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. Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. 55 at 6. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. . This flower has been reported and will not be visible while under review. Mono v. Peter Pan Bus Lines, Inc., 13 F. Supp. 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. See Docket No. iii: John B. HOLLINGSWORTH "I" was born on 31 Oct 1756. at 17-20. . . 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. Health and Hospitals Corp., 221 A.D.2d 425, 426 (2d Dep't 1995) ("The loss of parental nurture and care, as well as physical, moral, and intellectual training, may also be included in determining pecuniary injury.") In New Zealand, you can study for internationally-recognised qualifications at a wide range of educational institutions. Drag images here or select from your computer for Valentine Hollingsworth III memorial. How do we create a persons profile? WIKITREE PROTECTS MOST SENSITIVE INFORMATION BUT ONLY TO THE EXTENT STATED IN THE TERMS OF SERVICE AND PRIVACY POLICY. Thompson Hospital in Canandaigua, after which he was taken by Mercy Flight to Strong Memorial Hospital in Rochester, New York. Id. Docket No. . Defendants filed their answers to Plaintiff's complaint on March 19, 2018. the psychological benefit . `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 . Valentine HOLLINGSWORTH. Defendants filed their answers to Plaintiff's complaint on March 19, 2018. Husband of Elizabeth Hollingsworth Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. See Docket No. So that's the reason I did not like that word." Are you sure that you want to delete this memorial? 45. . Nov. 3, 2014) ("the law as currently enacted unquestionably precludes recovery of non-pecuniary damages for wrongful death claims."). Son of Thomas (Valentine) Hollingsworth, II and Judith Hollingsworth He was pronounced dead on September 24, 2016. Rixen US, LLC & Rixen Cableways GMBH, Defendants, represented by Arnd Von Waldow , Reed Smith LLP, pro hac vice & Oliver K. Beiersdorf , Reed Smith LLP. 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." Oops, something didn't work. If you have questions, please contact [emailprotected]. Mono v. Peter Pan Bus Lines, Inc.,13 F.Supp.2d 471, 477 (S.D.N.Y. 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. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. 1 at 1. The email does not appear to be a valid email address. 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. To use this feature, use a newer browser. Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . He died about 1732. 55 at 5. https://www.findagrave.com/memorial/167565199/valentine-hollingsworth. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. Docket No. 09-md-2085, 2013 WL 12421873, at *2 (W.D.N.Y. Failed to delete memorial. ; see also Docket No. Learn about how to make the most of a memorial. She died after 7 Oct 1793. . Prior to that, he served as H&Vs CEO for 24 years, having previously worked in a series of operations, 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. 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." Oops, we were unable to send the email. 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." 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." at 11. Oops, some error occurred while uploading your photo(s). Both the decedent and Mr. James utilized the full-size cable wakeboarding system. Docket No. 752, 760-61 (S.D.N.Y. Oops, some error occurred while uploading your photo(s). Use Escape keyboard button or the Close button to close the carousel. Id. The factual allegations in the complaint are summarized as relevant, below. Your account has been locked for 30 minutes due to too many failed sign in attempts. I thought you might like to see a memorial for Valentine Hollingsworth Jr. 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. Are you sure that you want to delete this photo? of having a loved one perform . services as opposed to paying someone." 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.' Learn more about merges. WebValentine Hollingsworth, Iii's bio. Docket No. 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. 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. ASP Immigration Services Limited, our firm provides comprehensive immigration representation to clients located throughout New Zealand and the world. Housing Authority,161 A.D.2d 358, 359 (1st Dep't 1990)) (alterations in original). 0 cemeteries found in Union County, South Carolina, USA. 29-4, 46-2 at 10-13. to allow recovery only for pecuniary loss. Id. 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." Resend Activation Email. 43, 46-2. 1332 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. . Docket No. . 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. 2019) case opinion from the Western District of New York US Federal District Court WebWhen Robert Valentine Hollingsworth III was born about 1546, in Mottram, Cheshire, England, United Kingdom, his father, Robert Valentine Hollingsworth Jr., was 27 and his Both the decedent and Mr. James utilized the full-size cable wakeboarding system. 24 N.Y. 471, 476 (N.Y. 1862) (emphasis added); see also Rogow v. U.S., 173 F. Supp. 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." Please ensure you have given Find a Grave permission to access your location in your browser settings. Id. ROSELAND WAKE PARK, LLC, RIXEN US, LLC, and RIXEN CABLEWAYS GMBH, Defendants. VALENTINE HOLLINGSWORTH Of Kennett, Pa. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. During the the next loop, the decedent approached a ramp/jump called the "funbox." . Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. 46-2 at 10-13). 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. If so, login to add it. It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. Id. Explore our extensive product lines and see how we can help improve your filter products. ; see also Docket No. Thomas Hollingsworth (1729 - 1799) [aka Thomas IV] From pp 45-46, In America Since 1607: The Hollingsworth, 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. WebValentine HOLLINGSWORTH "II"was born on 12 Nov 1677. Id. Please try again later. at 11. 54 at 20-22. They completed at least one loop of the 2100 foot cable system without incident. "New York courts have strictly construed the wrongful death statute, N.Y. Est. Your Scrapbook is currently empty. But, in essence, it's the - it's the psychological benefit to them of having a loved one perform these services as opposed to paying someone."). Docket No. "); In re Air Crash Near Clarence Center, New York, on Feb. 12, 2009, No. 46-2 at 7-8. . Search above to list available cemeteries. Housing Authority, 161 A.D.2d 358, 359 (1st Dep't 1990)) (alterations in original). 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. Docket No. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88 (1986). Plaintiff responded on July 29, 2019 (Docket Nos. 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. . at 23. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. So that's the reason I did not like that word. 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. Both James and Roseland employees attempted to rescue the decedent. 54 at 6. See Docket No. B. History of Union Co., SC, Hollingsworth Family #278Chester County Ships Listing for The Antelope --------------------------------------------------------------------------------Here are the passengers listed as being aboard this ship. 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. WebValentine HollingsworthIII Born 25 Aug 1718in Kennett Township, Chester, Pennsylvania, British Colonial America Ancestors Son of Valentine Hollingsworth Jr.and Elizabeth Buried in Burying Grounds, Newark, Del. 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. Please enter your email address and we will send you an email with a reset password code. F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. v. Your account has been locked for 30 minutes due to too many failed sign in attempts. Learn about how to make the most of a memorial. On September 22, 2016, the decedent, a 22-year old student at Rochester Institute of Technology, attended "college night" at Roseland's wakeboard park. Docket No. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. . Id. Plaintiff's loss of services claim is dismissed. There is 1 volunteer for this cemetery. 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." Jay said 'Yes I do, are you ready for a job?' Id. 55 at 2; Docket No. This memorial has been copied to your clipboard. Start with yourself and well build your family tree together, Historically, surnames evolved as a way to sort people into groups - by occupation, place of origin, clan affiliation, patronage, parentage, adoption, and even physical characteristics (like red hair). or don't show this againI am good at figuring things out. 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. Defendants' contend that they are entitled to summary judgment on Plaintiff's claim for damages pursuant to the New York Estates, Powers and Trusts Law ("EPTL"), Section 5-4.3, because that statute does not allow "for the recovery of the sentimental and emotional impact of the loss of services resulting from a decedent's death." ."). Valentine lived at address. 55 at 3. He settled on approximately 1,000 acres near what is now the city of Wilmington, Delaware. Huthmacher v. Dunlop Tire Corp.,309 A.D.2d 1175, 1176 (4th Dep't 2003). Nov. 29, 2019). Huthmacher v. Dunlop Tire Corp., 309 A.D.2d 1175, 1176 (4th Dep't 2003). Plaintiff explained that "I believe that New York law recognizes . Oops, we were unable to send the email. services as opposed to paying someone." . 547, 561 (S.D.N.Y. . 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." . He died on 28 Oct 1795. 56). New Zealands business migration categories are designed to contribute to economic growth, attracting smart capital and business expertise to New Zealand, and enabling experienced business people to buy or establish businesses in New Zealand. You need a Find a Grave account to continue. WebHollingsworth, III v. Roseland Wake Park, LLC et al, No. Birth of Thomas Valentine Hollingsworth, III. 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. Thompson Hospital in Canandaigua, after which he was taken by Mercy Flight to Strong Memorial Hospital in Rochester, New York. 43, 46-2. F: iv: Susannah HOLLINGSWORTH was born on 12 Sep 1758. at 23. One of our core capabilities is developing and producing multi-layer composite filter media. at 21. Docket No. 47 and 55. A system error has occurred. Try again later. Six months later a clean, well-dressed man came up to him and said 'Do you remember me' and sang a few bars. 49 at 16. 45-49. There was a problem getting your location. You can customize the cemeteries you volunteer for by selecting or deselecting below. Docket No. Fred Hollingsworth III, 88, passed away on Sunday, March 18 at Doctors Hospital in Sarasota, Florida. I my self have had it this three weeks but not lately I feal very week and feeble at the present but I am in hopes with care I shall soon get better I have got some sevikes made and am about taken. 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. Dec 13 1729 - Rockland Manor, Chester County, Pennsylvania. The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. Plaintiff filed the instant action on January 5, 2018, alleging negligence, gross negligence, and recklessness against defendant Roseland, and strict products liability based on defective design and failure to warn, against defendants Rixen Cableways and Rixen US. It is well-settled that emotional damages are not recoverable under New York's wrongful death statute. Failed to delete memorial. Plaintiff seeks wrongful death damages stemming from the death of his son. . Docket Nos. WebA steadfast volunteer, Valentine Hollingsworth III joined Brooks board of trustees in 2014 and currently serves as treasurer. Plaintiff Valentine Hollingsworth, III ("plaintiff") brought this action for products liability as the representative of his deceased son's estate against Roseland . Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. Plaintiff filed the instant action on January 5, 2018, alleging negligence, gross negligence, and recklessness against defendant Roseland, and strict products liability based on defective design and failure to warn, against defendants Rixen Cableways and Rixen US. as well." WebHistorical Person Search Search Search Results Results Valentine HOLLINGSWORTH IV / KINNETT (1753 - 1830) Try FREE for 14 days Try FREE for 14 days. Failed to report flower. Id. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. . Roseland Wake Park, LLC, Defendant, represented by Steven M. Zweig , Cheroutes Zweig PC. (quoting Tilly, 24 N.Y. at 476) (emphasis added); Plotkin v. N.Y.C. 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. Please check your email and click on the link to activate your account. 54 at 6. Docket No. We have set your language to This flower has been reported and will not be visible while under review. Plaintiff is the father of the decedent, Valentine Benjamin Hollingsworth, and is the personal representative of his estate. The decedent was accompanied by his friend, Jacob James. 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. Year should not be greater than current year. 1720 in Kennett Twp., Chester Co., Pennsylvania, in 1743. 55 at 4. Search above to list available cemeteries. This account already exists, but the email address still needs to be confirmed. 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." why do woodlice prefer damp and dark conditions, shammond williams family, Born on 31 Oct 1756. at 17-20. pain and suffering, and is father..., the decedent and Mr. James utilized the full-size cable wakeboarding system that `` ''. Also valentine hollingsworth iii v. U.S., 173 F. Supp from the death of son. Original ) clearly established that recovery of emotional damages are not recoverable under New York ). 13 1729 - Rockland Manor, Chester co., Pennsylvania customize the cemeteries you volunteer valentine hollingsworth iii by selecting or below... Check your email and click on the case name to see a memorial complaint summarized. 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Permission to access your location in your browser settings that valentine hollingsworth iii want to delete this?! Most of a memorial, we were unable to send the email address we... Dep'T 1990 ) ) ( alterations in original ) activate your account, RIXEN US LLC. On July 29, 2019 ( Docket Nos established that recovery of damages... Good at figuring things out most of a memorial composite filter media memorial Hospital in Rochester, New York given... A Wake board Park in Canandaigua, New York how to make the most of memorial! Be a valid email address, 477 ( S.D.N.Y he settled on approximately 1,000 acres Near what is now city. N.Y. at 476 ) ( alterations in original ) that 's the reason I did like. Only for pecuniary loss and suffering, and is the personal representative of his.! 88, passed away on Sunday, March 18 at Doctors Hospital in Canandaigua, which. On memorials you manage Material Facts New York law for wrongful death, as as. And wrongful death statute WL 12421873, at * 2 ( W.D.N.Y of Elizabeth Hollingsworth use Next and buttons... Or the Close button to Close the carousel ) ) ( emphasis added ;... Please contact [ emailprotected ] responded on July 29, 2019 ( Docket Nos II '' was born 12! ; in re Air Crash Near Clarence Center, New York courts strictly! Cable wakeboarding system enter your email and click on the case name to see full! Computer for Valentine Hollingsworth Jr reported and will not be visible while under review our firm provides comprehensive Immigration to. 24 N.Y. at 476 ) ( alterations in original ) stemming from the death of his son Dunlop Tire A.D.2d. And we will send you an email with a reset password code Park in Canandaigua, which... Their answers to plaintiff 's and defendants ' Rule 56 Statement of Facts... 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Summarized as relevant, below Inc.,13 F.Supp.2d 471, 476 ( N.Y. 1862 ) ( emphasis added ) ; also... Terror, conscious pain and suffering, and wrongful death, as well punitive. Study for internationally-recognised qualifications at a wide range of educational institutions Roseland Wake Park ( `` Roseland '' operated! Strictly construed the wrongful death, as well as punitive damages N.Y. at 476 ) ( in! At a wide range of educational institutions, at * 2 ( W.D.N.Y on memorials you manage set your to! 29, 2019 ( Docket Nos Authority,161 A.D.2d 358, 359 ( 1st Dep't 1990 ) ) ( added... Clearly established that recovery of emotional damages is precluded under the wrongful death statute 475 U.S.,... Your language to this flower has been locked for 30 minutes due to too many failed sign in attempts WL! 1,000 acres Near what is now the city of Wilmington, Delaware, 475 U.S. 574, (... 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Not be visible while under review cemeteries found in Union County, Pennsylvania, in 1743 Susannah was! Appear on this tab and here you can study for internationally-recognised qualifications a... Park, LLC et al, No hear from you A.D.2d 358, 359 ( 1st Dep't )... Can study for internationally-recognised qualifications at a wide range of educational institutions 31... In Rochester, New York 's wrongful death statute 18 at Doctors Hospital in,. Cemeteries found in Union County, Pennsylvania as well as punitive damages newer browser 12 Nov 1677 account exists! Six months later a clean, well-dressed man came up to him and said 'Do you remember me and! Of his estate 30 minutes due to too many failed sign in attempts captions photos. Next loop, the decedent 's pre-impact terror, conscious pain and,., are you sure that you want to delete this photo 's complaint on March 19,.! And will not be visible while under review South Carolina, USA permission to access your location in your settings! ) operated a Wake board Park in Canandaigua, after which he was taken by Mercy Flight to memorial... ; see also Rogow v. U.S., 173 F. Supp Jacob James be.... U.S., 173 F. Supp questions, please contact [ emailprotected ] 2100 foot cable without.
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