Hollingsworth v. Roseland Wake Park LLC Emotional Damages in Loss of Services Claim Not Recoverable Under N.Y. services, meaning what it would cost to find someone else outside of the family to perform those services[.]" ROSELAND WAKE PARK, LLC, RIXEN US, LLC, and RIXEN CABLEWAYS GMBH, Defendants. . . This action arises out of tragic events occurring on September 22, 2016. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. WebMedia to protect people, machines and the global environment. Found more than one record for entered Email, You need to confirm this account before you can sign in. Try again later. Docket No. Docket No. at 22. . Please enter your email and password to sign in. Previously sponsored memorials or famous memorials will not have this option. Quickly see who the memorial is for and when they lived and died and where they are buried. It certainly fits in some sense, but emotional damages are not recoverable under New York law for wrongful death. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. Valentine Hollingworth, Jr. was five years old when he came with his father to America in 1682. Sorry! 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."). 49 at 9-11, 15; see also Docket Nos. You must also be aged 55 or under, and meet English language, health, and character requirements. 29-4, 46-2 at 10-13. Defendants filed their answers to Plaintiff's complaint on March 19, 2018. Later, they moved to Laurens County, South Carolina and afterward to Union County, South Carolina. Dec 13 1729 - Rockland Manor, Chester County, Pennsylvania. He was proud of his community and its history. 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." See Docket Nos. h, Isaac Hollingsworth, Nathaniel Hollingsworth, Rachel Hollingsworth, Emmor Hollingsworth, Christopher Hollingsworth, Judith Pyle, Rache Feb 13 1729 - Rockland Manor, New Castle, Delaware, British America, Mar 1 1799 - Chester, Pennsylvania, United States, Thomas Nathaniel Hollingsworth, Judith Hollingsworth (born Lampley). Accordingly, New York has consistently refused to allow recovery for such claims as mental or emotional suffering in wrongful death actions." Plaintiff Valentine Hollingsworth, III ("plaintiff") brought this action for products liability as the representative of his deceased son's estate against Roseland Wake Park, LLC, et al. 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. Both James and Roseland employees attempted to rescue the decedent. On September 22, 2016, the decedent, a 22-year old student at Rochester Institute of Technology, attended "college night" at Roseland's wakeboard park. There is 1 volunteer for this cemetery. Married Elizabeth Harlan, b. James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." 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. or don't show this againI am good at figuring things out. at 6. United States District Court, W.D. . They were part of William Penns 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." 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. Docket No. Please check your email and click on the link to activate your account. Edit a memorial you manage or suggest changes to the memorial manager. Id. 1959) ("[t]he New York Court of Appeals has stated that the intellectual, moral and physical training which a parent gives to a child . Please ensure you have given Find a Grave permission to access your location in your browser settings. Click on the case name to see the full text of the citing case. at 7. A system error has occurred. Jay was truly one of the kindest and thoughtful people I have ever met and had the opportunity to call my friend. 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. GREAT NEWS! at 13, 16. 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. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. Docket No. Learn more about managing a memorial . Docket No. Docket No. WORTH, Judith HOLLINGSWORTH, Susanna HOLLINGSWORTH, Isaac HOLLINGSWORTH, Christopher HOLLINGSWORTH, Grace HOLLINGSWORTH, Amor HOLLINGSWOR Thomas Ii Hollingsworth, Judith Hollingsworth. cemeteries found in Union County, South Carolina, USA will be saved to your photo volunteer list. 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. 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. A system error has occurred. Samuel Sr. was the son of: Valentine Hollingsworth, Sr. (1632 Ireland1710 DE) & 2nd. There is 1 volunteer for this cemetery. United States District Court, W.D. See Docket No. 55 at 3. 49 at 5. . All photos uploaded successfully, click on the Done button to see the photos in the gallery. Docket No. at 12. Are you sure that you want to delete this photo? . Housing Authority,77 N.Y.2d 663, 669 (N.Y. 1991). 49 at 5. . WebThomas Valentine HOLLINGSWORTH "III" was born on 13 Dec 1729. . v. Powers & Trusts Law 5-4.3 . Id. Make your practice more effective and efficient with Casetexts legal research suite. Get an internationally recognised education and have the time of your life. . I thought you might like to see a memorial for Valentine Hollingsworth Jr. 54 at 6-7. 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." Id. Id. Id. Id. As explained in Bumpurs v. N.Y.C. EMTs arrived on scene and transported the decedent to F.F. http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=84838379&pid Union County, South Carolina, United States. She died after 7 Oct 1793. 55 at 6. 46-2 at 7-8. Docket No. . If you have questions, please contact [emailprotected]. This relationship is not possible based on lifespan dates. In 1713, he married Elizabeth Heald, daughter of John Heald, Friend, who had M vi Joseph HOLLINGSWORTHwas born on 10 May 1686. at 17-20. . Id. He died on 1 Mar 1799 in , Chester, Pennsylvania. Id. ."). . Id. 43, 46-2. 55 at 1. . Valentine Hollingsworth, III, as representative of the Estate of Valentine Benjamin Hollingsworth, deceased, Plaintiff, represented by Lesley Ellen Niebel , Faraci Lange LLP & Stephen G. Schwarz , Faraci Lange LLP. at 15. Becoming a Find a Grave member is fast, easy and FREE. Id. 1 at 1. As explained in Bumpurs v. N.Y.C. 47 at 2; Docket No. Plaintiff explained that "I believe that New York law recognizes . WebJames Valentine HOLLINGSWORTH "I" [ Parents] was born in 1724 in Elkton, Cecil, Maryland or New Castle, Delaware. Docket No. 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. . 1986) (holding that under E.P.T.L. See Gonzalez v. N.Y.C. It is clearly established that recovery of emotional damages is precluded under the wrongful death statute. 47 and 55. cemeteries found within miles of your location will be saved to your photo volunteer list. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Id. Plaintiff seeks damages for the decedent's pre-impact terror, conscious pain and suffering, and wrongful death, as well as punitive damages. They completed at least one loop of the 2100 foot cable system without incident. Docket No. 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. Oops, something didn't work. You can customize the cemeteries you volunteer for by selecting or deselecting below. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Id. WebThomas Valentine HOLLINGSWORTH "III" was born on 13 Dec 1729 in Rockland Manor, Wilmington, New Castle, Delaware. Id. How do we create a persons profile? 46-2 at 23. Year should not be greater than current year. Please try again later. at 17-20. These types of damages are not recoverable under New York's wrongful death statute. Prod. @R550622117@ U.S., Quaker Meeting Records, 1681-1935 Ancestry.com Ancestry.com Operations, Inc. 1,2189::0 Swarthmore College; Swarthmore, Pennsylvania; Marriages, 1718-1821; Collection: Philadelphia Yearly Meeting Minutes; Call Number: MR-Ph 265 1,2189::100087750. Docket No. 54 at 6. Oops, some error occurred while uploading your photo(s). Docket Nos. History of Union Co., SC, Hollingsworth Family #278Chester County Ships Listing for The Antelope --------------------------------------------------------------------------------Here are the passengers listed as being aboard this ship. The email does not appear to be a valid email address. at 23. He passed away on Aug 1766 in Cane Creek, Orange, North Carolina, United States. Docket No. 24 N.Y. 471, 476 (N.Y. 1862) (emphasis added); see also Rogow v. U.S.,173 F.Supp. However, as explained above, the harm for which Plaintiff seeks to recover here is not pecuniary. Mono v. Peter Pan Bus Lines, Inc.,13 F.Supp.2d 471, 477 (S.D.N.Y. VALENTINE HOLLINGSWORTH, III, as representative of the Estate of Valentine Benjamin Hollingsworth, deceased, Plaintiff, v. ROSELAND WAKE PARK, LLC, RIXEN US, LLC, and RIXEN CABLEWAYS GMBH, Defendants. . cemeteries found within kilometers of your location will be saved to your photo volunteer list. If not, see our friends at Ancestry DNA. Try again later. He was pronounced dead on September 24, 2016. Try again. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. 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." , 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. Docket No. Plaintiff explained that "I believe that New York law recognizes . We encourage you to research and examine these records to determine their accuracy. 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. Valentine Hollingsworth, III in WikiTree view all 19 Immediate Family Elizabeth Hollingsworth wife Sarah Hollingsworth daughter Dinah Moody daughter Id. 47 at 4. 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. 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. at 13, 16. . WebSamuel III was 11 when his father died; Jacob Sr. was 9. 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. 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." 46-2 at 7. Discover your family history in millions of family trees and more than a billion birth, marriage, death, census, and military records. For the reasons set forth below, Defendants' motion for partial summary judgment is granted. He died on 28 Oct 1795. We conclude that the New York Court of Appeals would not at this time recognize plaintiffs' claims for damages resulting from the severe emotional distress caused by the death of their daughter. 1332 Diversity - Product Liability . 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." 47 at 3. Docket No. Try again later. We will review the memorials and decide if they should be merged. 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. 3, 5. 51-55), and Defendants filed their reply on August 12, 2019 (Docket No. Plaintiff Valentine Hollingsworth, III ("plaintiff") brought this action for products liability as the representative of his deceased son's estate against Roseland 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. Your account has been locked for 30 minutes due to too many failed sign in attempts. To add a flower, click the Leave a Flower button. 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 attempts to extend the reasoning in these cases to those instances where a parent seeks to recover for the loss of a child. 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." Defendant Roseland Wake Park ("Roseland") operated a wake board park in Canandaigua, New York. He died on 22 Apr 1722. WebFind a Grave, database and images (https://www.findagrave.com/memorial/167565199/valentine-hollingsworth: accessed This browser does not support getting your location. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). See Docket No. In other words, Plaintiff is not "seeking . 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." 43. 25. 2019) case opinion from the Western District of New York US Federal District Court 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."). . 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. Plaintiff's counsel also stated that he disagreed with defense counsel's characterization of these damages as "emotional." Indus. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Docket No. 56). James, who was approximately two positions behind the decedent, saw him floating next to the "funbox." 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." 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." Docket No. Family members linked to this person will appear here. Docket No. Fred Hollingsworth III. Search above to list available cemeteries. 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. . https://www.findagrave.com/memorial/155081134/valentine-hollingsworth. 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. Id. He died on 1 Mar 1799. Matsushita Elec. Have you taken a DNA test? We collect and match historical records that Ancestry users have contributed to their family trees to create each persons profile. Married at Old Swedes Church, Wilmington, Delaware which is still standing/active. 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. . 46-2 at 23. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Your account has been locked for 30 minutes due to too many failed sign in attempts. Indus. https://www.findagrave.com/memorial/167565199/valentine-hollingsworth. EMTs arrived on scene and transported the decedent to F.F. Id. Housing Authority, 77 N.Y.2d 663, 669 (N.Y. 1991). Ancestry.com Operations Inc 1,5769::0, @R-794360899@ Chester County, Pennsylvania Wills, 1713-1825 Lineages, Inc., comp. Aug 25 1718 - Kennett Township, Chester, Pennsylvania, British Colonial America, Aug 1766 - Cane Creek MM, Orange, North Carolina, British Colonial America, Valentine Hollingsworth, Elizabeth Hollingsworth (born Heald), s Hollingsworth, Rachel Hollingsworth, Elizabeth Hollingsworth, Harlan, Sara Harlan (born Hollingsworth), Hannahh Moore (born Hollingsworth), Eliabeth Simonson (born Unkown Hollingsworth), Dinah Diania Moody (born Hollingsworth), 1718 - Kennett, Chester, Pennsylvania, USA, 1766 - Cane Creek, Orange, North Carolina, USA, Valentine Hollingsworth, Ii, Elizabeth Hollingsworth (born Heald), James Hollingsworth, Rachel Hollingsworth, Elizabeth Harlan (born Hollingsworth), Sara Harlan, 1718 - Kennett, Chester, Pennsylvania, United States, Aug 1766 - Cane Creek, Orange, North Carolina, United States, James Hollingsworth, Rachel Hollingsworth, Elizabeth Harlan (born Hollingsworth), Sarah Hollingsworth, Aug 25 1718 - Kennett, Chester, Pennsylvania, United States.
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valentine hollingsworth iii