09-md-2085, 2013 WL 12421873, at *2 (W.D.N.Y. United States District Court, W.D. Login to find your connection. We have set your language to I am a nurse from the Philippines with two years of experience before I came to New Zealand. Powers & Trusts Law 5-4.3 . The complaint also seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. 1 at 1. Found more than one record for entered Email, You need to confirm this account before you can sign in. services as opposed to paying someone." You have chosen this person to be their own family member. 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.'" 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.") . The sponsor of a memorial may add an additional. Docket No. Photos larger than 8Mb will be reduced. . 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." Docket No. Half brother of Sarah Harlan, 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::4192668, @R-794360899@ Family Data Collection - Individual Records Edmund West, comp. You have chosen this person to be their own family member. Rixen US, LLC & Rixen Cableways GMBH, Defendants, represented by Arnd Von Waldow , Reed Smith LLP, pro hac vice & Oliver K. Beiersdorf , Reed Smith LLP. Nature of Suit: 365 Personal Inj. 29-4. 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. Have you taken a DNA test? Hollingsworth-1765 was created by Ed Wynn through the import of Wynn_2014-08-24_01.ged on Aug 24, 2014. Docket No. WebValentine married Anne Hollingsworth (born CALVERT) on month day 1672, at age 39 at marriage place. See Gonzalez v. N.Y.C. History of Union Co., SC, Hollingsworth Family #278Chester County Ships Listing for The Antelope --------------------------------------------------------------------------------Here are the passengers listed as being aboard this ship. GREAT NEWS! See Docket No. Roseland utilized a full-size cable wakeboarding system that pulled riders in a continuous loop, which stretched 2100 feet and was equipped with obstacles, including ramps and jumps. ("defendants"). Remove advertising from a memorial by sponsoring it for just $5. Died 1757. 55 at 5. Resend Activation Email. For the reasons set forth below, Defendants' motion for partial summary judgment is granted. Plaintiff is the father of the decedent, Valentine Benjamin Hollingsworth, and is the personal representative of his estate. Docket No. See Docket No. Id. 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." Docket No. 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." 1. Docket No. 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.") Roseland utilized a full-size cable wakeboarding system that pulled riders in a continuous loop, which stretched 2100 feet and was equipped with obstacles, including ramps and jumps. WebValentine HOLLINGSWORTH "II"was born on 12 Nov 1677. (quoting Tilly, 24 N.Y. at 476) (emphasis added); Plotkin v. N.Y.C. Citations are also linked in the body of the Featured Case. 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. Failed to remove flower. However, it is Plaintiff - not Defendants - who mischaracterizes his own claim. 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." . Plaintiff's counsel clearly stated at the May 6, 2019 hearing before Judge Feldman that he was seeking damages for "in essence . Try again later. "); In re Air Crash Near Clarence Center, New York, on Feb. 12, 2009, No. at 11. He lived at address, Pennsylvania. Failed to report flower. 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. . Docket Nos. 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. Use Escape keyboard button or the Close button to close the carousel. Docket No. 55 at 5. Id. The wake boarding system, obstacles, ramps, and jumps were manufactured and designed by Rixen Cableways, and were purchased from and distributed by Rixen US. Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." 1998) (quoting Gonzalez v. N.Y.C. 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). Docket No. The decedent was accompanied by his friend, Jacob James. It is well-settled that emotional damages are not recoverable under New York's wrongful death statute. Id. 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. or don't show this againI am good at figuring things out. So that's the reason I did not like that word. . Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Click the citation to see the full text of the cited case. cemeteries found within miles of your location will be saved to your photo volunteer list. Plaintiff seeks wrongful death damages stemming from the death of his son. Id. These types of damages are not recoverable under New York's wrongful death statute. Id. We have set your language to at 12. If not, see our friends at Ancestry DNA. Learn more about merges. Are you sure that you want to remove this flower? 1986) (holding that under E.P.T.L. 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, 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. 1959) ("[t]he New York Court of Appeals has stated that the intellectual, moral and physical training which a parent gives to a child . See Docket No. They completed at least one loop of the 2100 foot cable system without incident. James married VERA. . . Explore our extensive product lines and see how we can help improve your filter products. . Here, Plaintiff has clarified that he is not seeking damages for lost earnings, benefits or other financial support arising from his son's death (see Docket No. Docket No. See Docket No. So that's the reason I did not like that word." This is a carousel with slides. 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. "); In re Air Crash Near Clarence Center, New York, on Feb. 12, 2009, No. Try again later. 1. 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. Family members linked to this person will appear here. Valentine lived at address. 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. Id. at 13, 14. 45. Learn more about managing a memorial . Please enter your email and password to sign in. To use this feature, use a newer browser. ." So that's the reason I did not like that word. 17 Sept 1778 Thomas Hollingsworth requests cert to New Garden M M. 11 May 1780 Thomas Hollingsworth received from New Garden M M. Reconstructed 1790 Census of Delaware: Thomas Hollingsworth Jr., Christiana Hundred, New Castle Co. Letter to Thomas IV from his sister Jane Hollingsworth: Center the 5th month 10 day 1825 Dearly beloved Brother I have the sorrowful account to inform thee of the Deceis of my near and Deare Mother who departed her life the sixth of this month after a long spell of severe sickness that continued fore weeks and was so severely held that it seemed too much for Nature to have born. Born 1718 at Kennett, Chester, Pennsylvania, USA and died 1766 at Cane Creek, Orange, North Carolina, USA. If he didn't use "III" in his lifetime, it shouldn't be in the datatfield for Suffix. 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." 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. 51-55), and Defendants filed their reply on August 12, 2019 (Docket No. Photos larger than 8Mb will be reduced. Docket No. 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." Rule 56 of the Federal Rules of Civil Procedure. On June 28, 2019, Defendants filed a joint motion for partial summary judgment, seeking dismissal of Plaintiff's claim for damages based on Plaintiff's alleged loss of services. 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. 47 at 3. 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. Try again. Share this memorial using social media sites or email. See Docket No. Are you adding a grave photo that will fulfill this request? He died on 28 Oct 1795. 29-4, 46-2 at 10-13. He died on 22 Apr 1722. Learn more about merges. Docket No. Housing Authority, 161 A.D.2d 358, 359 (1st Dep't 1990)) (alterations in original). Id. 29-4. Please enter your email and password to sign in. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. 2d 471, 477 (S.D.N.Y. 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. Try again later. See Docket No. Failed to remove flower. See Docket No. M v John Valentine HOLLINGSWORTHwas born on 19 Feb 1684. Id. Full title:VALENTINE HOLLINGSWORTH, III, as representative of the Estate of Valentine, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK. 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