Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . For memorials with more than one photo, additional photos will appear here or on the photos tab. Your Scrapbook is currently empty. All photos uploaded successfully, click on the Done button to see the photos in the gallery. Prior to that, he served as H&Vs CEO for 24 years, having previously worked in a series of operations, Citations are also linked in the body of the Featured Case. "New York courts have strictly construed the wrongful death statute, N.Y. Est. United States District Judge Dated: November 29, 2019, 6:18-CV-06013 MAT (W.D.N.Y. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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." Nov. 29, 2019). at 5. ." Docket No. So that's the reason I did not like that word." 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. 1959) ("[t]he New York Court of Appeals has stated that the intellectual, moral and physical training which a parent gives to a child . Later, they moved to Laurens County, South Carolina and afterward to Union County, South Carolina. services as opposed to paying someone." . 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. 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. Housing Authority: 139 A.D.2d 438, 439 (1st Dep't 1988) (internal citations omitted) (emphasis added); see also Smith v. Hub Manufacturing, Inc.,634 F.Supp. F iv Ann HOLLINGSWORTHwas born on 28 Dec 1680. Try again later. ; see also Docket No. To add a flower, click the Leave a Flower button. Are you sure that you want to delete this memorial? We collect and match historical records that Ancestry users have contributed to their family trees to create each persons profile. WebWhen Valentine Hollingsworth was born on 12 November 1677, in Seagoe, County Armagh, Ireland, his father, Valentine Hollingsworth, was 45 and his mother, Ann Developed by. Samuel Sr. was the son of: Valentine Hollingsworth, Sr. (1632 Ireland1710 DE) & 2nd. Thank you for fulfilling this photo request. Farmer, edited by Margaret Farmer Planton, published 1987 by Gateway Press, Inc.: From Kennett (Newark) M M Records: 11.2.1754 Thomas Hollingsworth and Jane Smith M.I.R.O. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. . Id. Plaintiff's loss of services claim is dismissed. They were part of William Penns Quickly see who the memorial is for and when they lived and died and where they are buried. 43, 46-2. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88 (1986). cemeteries found in Kennett Square, Chester County, Pennsylvania, USA will be saved to your photo volunteer list. Leave a message for others who see this profile. 46-2 at 7-8 ("[T]he reason I disagree with [defense counsel] was the emotional - the word 'emotional.' This account already exists, but the email address still needs to be confirmed. As explained in Bumpurs v. N.Y.C. Docket No. Are you sure that you want to delete this photo? This is a carousel with slides. the psychological benefit . There is 1 volunteer for this cemetery. The Skilled Migrant Category is a points system based on factors such as age, work experience, your qualifications, and an offer of skilled employment. 49 at 16. Id. To use this feature, use a newer browser. at 12. Son of Valentine1 and Ann (Calvert) Hollingsworth. F: v: She died after 7 Oct 1793. Docket Nos. See Docket No. The supplemental discovery response to which Plaintiff refers is found at 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.'" 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. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. Remove advertising from a memorial by sponsoring it for just $5. Hollingsworth v. Roseland Wake Park LLC Emotional Damages in Loss of Services Claim Not Recoverable Under N.Y. Id. Thanks for your help! WebValentine Hollingsworth, the progenitor of most of the American Hollingsworths, arrived from County Armagh, Ireland with his family in 1682. Failed to delete memorial. New York. He died in 1782 in , Duplin, North Carolina. . Are you sure that you want to report this flower to administrators as offensive or abusive? Fred Hollingsworth III, 88, passed away on Sunday, March 18 at Doctors Hospital in Sarasota, Florida. v. 54 at 15. . 1998) (quoting Gonzalez v. N.Y.C. 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.'" Plaintiff's counsel clearly stated at the May 6, 2019 hearing before Judge Feldman that he was seeking damages for "in essence . https://www.findagrave.com/memorial/155081134/valentine-hollingsworth. 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.'" He was proud of his community and its history. Id. 45-49. Learn about how to make the most of a memorial. Please reset your password. 29-4. 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. The man has worked in Mr. Hollingsworth's properties for the past three years.Born and raised in Memphis, Mr. Hollingsworth was a graduate of Germantown High School. During the the next loop, the decedent approached a ramp/jump called the "funbox." Hollingsworth This browser does not support getting your location. WebMedia to protect people, machines and the global environment. . WebThomas Valentine HOLLINGSWORTH "III" was born on 13 Dec 1729 in Rockland Manor, Wilmington, New Castle, Delaware. 55 at 5. The complaint also seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. 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." Found more than one record for entered Email, You need to confirm this account before you can sign in. Rather, "[t]he plaintiff in a wrongful death action is entitled to recover damages for only pecuniary loss, i.e., the economic value of the decedent to each distributee at the time decedent died. Thomas Hollingsworth (1729 - 1799) [aka Thomas IV] From pp 45-46, In America Since 1607: The Hollingsworth, Farmer and Judkins Families; their Ancestors, Descendants and many Related Families, by Walter I. Id. Morgan Guarantee Trust Co. of N.Y. v. Garrett Corp.,625 F.Supp. 46-2 at 7-8. Share this memorial using social media sites or email. Id. Id. Id. . We will review the memorials and decide if they should be merged. 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. Becoming a Find a Grave member is fast, easy and FREE. You have chosen this person to be their own family member. So that's the reason I did not like that word. Id. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Translation on Find a Grave is an ongoing project. Brother of Susanna Hollingsworth; Grace Hollingsworth; Thomas Hollingsworth; Emmor Hollingsworth; Christopher Hollingsworth and 7 others; Rachel Hollingsworth; Nathaniel Hollingsworth; Isaac Hollingsworth; Judith Pyle; Rachel Hollingsworth 1731 ; Rachel Hollingsworth 1733 and Eleanor Hollingsworth 1739 less. ). 55 at 1. 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. He died on 1 Mar 1799. 47 at 6; see also Docket No. . 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. Make your practice more effective and efficient with Casetexts legal research suite. Liability The decedent was accompanied by his friend, Jacob James. Full title:VALENTINE HOLLINGSWORTH, III, as representative of the Estate of Valentine, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. Docket Nos. 24 N.Y. 471, 476 (N.Y. 1862) (emphasis added); see also Rogow v. U.S.,173 F.Supp. 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. There was a problem getting your location. Have you taken a DNA test? "New York courts have strictly construed the wrongful death statute, N.Y. Est. He died on 25 Mar 1757. Plaintiff's loss of services claim is dismissed. Oops, something didn't work. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. 46-2 at 7-8 ("[T]he reason I disagree with [defense counsel] was the emotional the word `emotional.' Id. 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. 6:2018cv06013 - Document 61 (W.D.N.Y. Docket No. 43. at 7. As explained in Bumpurs v. N.Y.C. At the end of the day he gave so much of his heart to others there just wasn't enough for him; his heart just gave out.Source: Commercial Appeal, The (Memphis, TN)Date: July 1, 2012. See Docket No. 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.
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