United States District Judge Dated: November 29, 2019, 6:18-CV-06013 MAT (W.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." All photos appear on this tab and here you can update the sort order of photos on memorials you manage. So that's the reason I did not like that word. We collect and match historical records that Ancestry users have contributed to their family trees to create each persons profile. at 5. . B. Id. . Try again. Listed below are the cases that are cited in this Featured Case. The following factual background is taken from Plaintiff's and Defendants' Rule 56 Statement of Material Facts. There is 1 volunteer for this cemetery. Family members linked to this person will appear here. Son of Valentine1 and Ann (Calvert) Hollingsworth. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. For the reasons set forth above, Defendants' motion for partial summary judgement is granted. 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." WebHistorical Person Search Search Search Results Results Valentine HOLLINGSWORTH IV / KINNETT (1753 - 1830) Try FREE for 14 days Try FREE for 14 days. Full title:VALENTINE HOLLINGSWORTH, III, as representative of the Estate of Valentine, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK. With one simple test, you can discover your genetic origins and find family you never knew you had. 1998) (quoting Gonzalez v. N.Y.C. Docket No. A system error has occurred. This memorial has been copied to your clipboard. Six months later a clean, well-dressed man came up to him and said 'Do you remember me' and sang a few bars. 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. Drag images here or select from your computer for Valentine Hollingsworth Jr. memorial. Id. at 7. The Rev. 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. . 55 at 1. Plaintiff's loss of services claim is dismissed. Docket Nos. Valentine Hollingworth, Jr. was five years old when he came with his father to America in 1682. Oops, some error occurred while uploading your photo(s). 46-2 at 23. . Anne was born on November 2 1650, in Killwarlin, Down, Ulster, Ireland. . Please enter your email and password to sign in. 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." 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. at 10. Docket No. Search above to list available cemeteries. See Docket Nos. The sponsor of a memorial may add an additional. Valentine Hollingsworth, Sr. (1632-1711) Was born in Ireland and sailed from Belfast to America in 1682 with his wife and children on the good ship Welcome with William Penn. Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 249 (1986). Thanks for your help! As manager of this memorial you can add or update the memorial using the Edit button below. Drag images here or select from your computer for Valentine Hollingsworth III memorial. Plaintiff seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. The Skilled Migrant Category is a points system based on factors such as age, work experience, your qualifications, and an offer of skilled employment. 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." We will review the memorials and decide if they should be merged. at 13, 14. Id. WebValentine Hollingsworth, Iii's bio. Edit a memorial you manage or suggest changes to the memorial manager. Explore our extensive product lines and see how we can help improve your filter products. See Docket No. services as opposed to paying someone." He died on 1 Mar 1799. Samuel Sr. was the son of: Valentine Hollingsworth, Sr. (1632 Ireland1710 DE) & 2nd. 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." Accordingly, Plaintiff's loss of services claim is dismissed. Id. 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. He previously was a member of the alumni board, and Plaintiff Valentine Hollingsworth, III ("plaintiff") brought this action for products liability as the representative of his deceased son's estate against Roseland Your account has been locked for 30 minutes due to too many failed sign in attempts. This biography was auto-generated by a GEDCOM import. Thompson Hospital in Canandaigua, after which he was taken by Mercy Flight to Strong Memorial Hospital in Rochester, New York. 46-2 at 7-8. . 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.'" Plaintiff explained that "I believe that New York law recognizes . https://www.findagrave.com/memorial/155081134/valentine-hollingsworth. . Id. . Memorialize Valentine's life with photos and stories about him and the Hollingsworth family history. Docket No. 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. 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." . He died in 1782 in , Duplin, North Carolina. The email does not appear to be a valid email address. 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. We will review the memorials and decide if they should be merged. 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.'" Id. to allow recovery only for pecuniary loss. 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." Thanks for your help! 5-4.3(a), the plaintiff parents could recover medical, funeral, and burial expenses, as well as expenses relating to their travel and the decedent's future financial support, but noting that "damages for the loss of a child's services during minority are available, but damages for loss of affection are not."). Plaintiff explained that "I believe that New York law recognizes . 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. Married Elizabeth Harlan, b. at 21. at 22. at 13, 14. "); In re Air Crash Near Clarence Center, New York, on Feb. 12, 2009, No. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. , 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. cemeteries found within miles of your location will be saved to your photo volunteer list. For memorials with more than one photo, additional photos will appear here or on the photos tab. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. 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." 1505, 1511-12 (N.D.N.Y. Fred Hollingsworth III. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. Hollingsworth, 59, died Wednesday. . This account has been disabled. Son of John Valentine Hollingsworth, Jr. and Elizabeth Hollingsworth 46-2 at 7-8 ("[T]he reason I disagree with [defense counsel] was the emotional - the word 'emotional.' The decedent was accompanied by his friend, Jacob James. services, meaning what it would cost to find someone else outside of the family to perform those services[.]" Please complete the captcha to let us know you are a real person. 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. For the reasons set forth below, Defendants' motion for partial summary judgment is granted. 47 at 6; see also Docket No. Id. There was a problem getting your location. We have set your language to See Docket Nos. 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. . The Green's were Quakers. 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. Photos larger than 8Mb will be reduced. Docket No. 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." "New York courts have strictly construed the wrongful death statute, N.Y. Est. Nature of Suit: 365 Personal Inj. . Oops, some error occurred while uploading your photo(s). Edit a memorial you manage or suggest changes to the memorial manager. 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