valentine hollingsworth iii

by

valentine hollingsworth iii

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. . You need a Find a Grave account to continue. 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. services, meaning what it would cost to find someone else outside of the family to perform those services[.]" Please enter your email and password to sign in. Close this window, and upload the photo(s) again. Ancestry.com Operations Inc 1,4895::0, @R-794360899@ U.S., Quaker Meeting Records, 1681-1935 Ancestry.com Ancestry.com Operations, Inc. 1,2189::0, Swarthmore College; Swarthmore, Pennsylvania; Births and Burials, 1758-1916; Collection: Quaker Meeting Records; Call Number: MR Ph 123 1,2189::1648733, @R-794360899@ North Carolina, Compiled Census and Census Substitutes Index, 1790-1890 Ancestry.com Ancestry.com Operations Inc North Carolina Census, 1790-1890 1,3566::0. This browser does not support getting your location. 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. Try again later. . . Id. . Both James and Roseland employees attempted to rescue the decedent. Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. Please enable JavaScript in your browser's settings to use this part of Geni. You have chosen this person to be their own family member. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. To add a flower, click the Leave a Flower button. 47 at 3. Husband of Elizabeth Hollingsworth Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. WORTH, Judith HOLLINGSWORTH, Susanna HOLLINGSWORTH, Isaac HOLLINGSWORTH, Christopher HOLLINGSWORTH, Grace HOLLINGSWORTH, Amor HOLLINGSWOR Thomas Ii Hollingsworth, Judith Hollingsworth. 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. Born November 12, 1677. 47 and 55. 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. 1720 in Kennett Twp., Chester Co., Pennsylvania, in 1743. 1. 29-4. ; see also Docket No. 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. cemeteries found within kilometers of your location will be saved to your photo volunteer list. Docket No. Id. Id. 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. . 49 at 9-11, 15; see also Docket Nos. "); In re Air Crash Near Clarence Center, New York, on Feb. 12, 2009, No. Are you sure that you want to delete this photo? ; see also Docket No. Matsushita Elec. 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." 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 loss of services claim is dismissed. Docket No. You have chosen this person to be their own family member. On September 22, 2016, the decedent, a 22-year old student at Rochester Institute of Technology, attended "college night" at Roseland's wakeboard park. Edit a memorial you manage or suggest changes to the memorial manager. 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." For the reasons set forth above, Defendants' motion for partial summary judgement is granted. Please enter your email and password to sign in. MICHAEL A. TELESCA United States District Judge. 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."). Sorry! Nov. 3, 2014) ("the law as currently enacted unquestionably precludes recovery of non-pecuniary damages for wrongful death claims."). 47 at 4. Learn more about managing a memorial . Housing Authority,77 N.Y.2d 663, 669 (N.Y. 1991). At the crux of the issue currently before the Court is how the parties characterize the type of damages sought by Plaintiff for his loss of services claim. cemeteries found in Union County, South Carolina, USA will be saved to your photo volunteer list. (emphasis added). Docket Nos. Please complete the captcha to let us know you are a real person. 43. EMTs arrived on scene and transported the decedent to F.F. For memorials with more than one photo, additional photos will appear here or on the photos tab. 29-4, 46-2 at 10-13. Are you sure that you want to report this flower to administrators as offensive or abusive? Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." As manager of this memorial you can add or update the memorial using the Edit button below. 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." 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. Docket No. . . 46-2 at 7-8. Id. Id. Id. . . 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." Id. when children provide very much the same types of services to elderly parents, that there's a pecuniary value . Learn more about merges. Birth of Thomas Valentine Hollingsworth, III. Carol Ann Thieman and Valentine Hollingsworth 3d were married yesterday at St. Anne's-in-the-Fields Episcopal Church in Lincoln, Mass. 54 at 6-7. IMPORTANT PRIVACY NOTICE & DISCLAIMER: YOU HAVE A RESPONSIBILITY TO USE CAUTION WHEN DISTRIBUTING PRIVATE INFORMATION. at 21. See Docket No. Oops, we were unable to send the email. He truly made a difference in this world.Mr. Docket No. Translation on Find a Grave is an ongoing project. The decedent was accompanied by his friend, Jacob James. Try again. 46-2 at 10-13). Drag images here or select from your computer for Valentine Hollingsworth III memorial. . 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. Plaintiff seeks wrongful death damages stemming from the death of his son. Docket Nos. . It is well-settled that emotional damages are not recoverable under New York's wrongful death statute. 55 at 2; 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. CONTENT MAY BE COPYRIGHTED BY WIKITREE COMMUNITY MEMBERS. Id. 54 at 15. 1986) (citations omitted); see also Garland v. Herrin, 724 F.2d 16, 20 (2d Cir. See Docket No. Rixen US, LLC & Rixen Cableways GMBH, Defendants, represented by Arnd Von Waldow , Reed Smith LLP, pro hac vice & Oliver K. Beiersdorf , Reed Smith LLP. Developed by. . WIKITREE PROTECTS MOST SENSITIVE INFORMATION BUT ONLY TO THE EXTENT STATED IN THE TERMS OF SERVICE AND PRIVACY POLICY. ." Co. v. Zenith Radio Corp.,475 U.S. 574, 587-88 (1986). Huthmacher v. Dunlop Tire Corp., 309 A.D.2d 1175, 1176 (4th Dep't 2003). See Docket Nos. 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. at 10. 46-2 at 7. Resend Activation Email. These types of damages are not recoverable under New York's wrongful death statute. As explained in Bumpurs v. N.Y.C. therefore, it falls within the term as used in the statute.'") Valentine and Elizabeth and daughter Sarah embarked with others for Cane Creek, Chatham Co., North Carolina, and then into western South Carolina, "Old 96" district. He died on 28 Oct 1795. . M: iv: Isaac HOLLINGSWORTH was born on 13 Jun 1731. 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." . Docket No. Listed below are those cases in which this Featured Case is cited. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Id. . . He died on 1 Mar 1799. You can customize the cemeteries you volunteer for by selecting or deselecting below. Id. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. Anne was born on November 2 1650, in Killwarlin, Down, Ulster, Ireland. 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." Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. . Docket No. Plaintiff's counsel acknowledged that while the characterization of these damages as "emotional" "certainly fits in some sense, . Are you adding a grave photo that will fulfill this request? WebValentine Hollingsworth, III is the President of the company. . Include gps location with grave photos where possible. 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 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." Id. 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. Error 0x80090304 The Local Security Authority Cannot Be Contacted, Us Attorney, Salary Database, Where Is Dave Allen Buried?, Articles V