Brian W. McElhenny: Lawyer with Goldberg Segalla LLP

Brian W. McElhenny

Partner
Garden City,  NY  U.S.A.
Phone516.281.9840

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

Featured AV Peer Review Rated Lawyer IconFeatured AV Peer Review Rated Lawyer Icon
Printer Friendly VersionEmail this PageDownload to My Outlook ContactsAdd lawyer to My FavoritesCompare this lawyer to other lawyers in your favorites

Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Product Liability
  • Municipal and Governmental Liability
  • Sports and Recreational Products
  • Appellate
  • General Liability
 
Contact InfoTelephone: 516.281.9840
Fax: 516.281.9801
http://www.goldbergsegalla.com/attorneys/brian-w-mcelhenny
 
University Colgate University, B.A., 1977
 
Law SchoolSt. John's University School of Law, J.D., 1980
 
Admitted1981, New York; U.S. District Courts for the Eastern and Southern Districts of New York; U.S. Court of Appeals for the Second Circuit
 
Memberships 

Professional Affiliations
•Suffolk County Bar Association
•Nassau-Suffolk Trial Lawyers Association

 
BornQueens, New York, November 19, 1955
 
Biography

Brian McElhenny, a partner in Goldberg Segalla's Municipal and Governmental Liability Practice Group, has more than three decades of experience defending clients in the courts on Long Island and in the New York City area in municipal liability, labor law construction, product liability, and premises cases. He has tried more than 90 cases to jury verdict and argued 80 appeals before the Appellate Division, Second Department in New York State, and he has argued five cases before the United States Second Circuit Court of Appeals.

In one example of Brian's municipal and governmental liability experience, he successfully defended the Town of Islip, New York, in a high-profile case involving a shooting at a town park. In Batista v. Town of Islip, the teenage plaintiff was shot by a gang member while watching a basketball game. He sustained a traumatic brain injury and blindness in one eye. The plaintiff sued, arguing that the town failed to provide adequate security and failed to take adequate measures to combat gang violence. Brian argued that the shooting was not foreseeable and that the town's decisions concerning security were protected by the governmental immunity doctrine. The judge granted the defendant's motion for summary judgment.

In another example, Schacker v. Town of Huntington, the 18-year-old plaintiff was driving his car on a state road in Huntington, New York, when it slid on black ice and collided with another vehicle. He sustained a traumatic brain injury and was hospitalized for months. The plaintiff sued the town and the state of New York for failing to maintain proper drainage, which he asserted caused ice to form at the intersection; there was a history of complaints of water problems at the intersection. Brian argued that the town was not liable, as the intersection was under the control of the state and there was insufficient evidence that the town breached its duty to maintain the roadway. The town's motion for summary judgment was granted by the Suffolk County Supreme Court.

Brian is a frequent author and presenter on topics in his areas of concentration. Recently, he authored an article on New York's “primary assumption of risk defense” doctrine for the New York Law Journal.

He has been awarded an AV rating from Martindale-Hubbell, and has been selected for inclusion in New York Metro Super Lawyers and as one of Long Island's Top Legal Eagles.

Honors
•Martindale-Hubbell Peer Review Rating: AV Preeminent
•Top Rated Lawyer in Litigation, American Lawyer Media and Martindale-Hubbell, 2014
New York Metro Super Lawyers (Personal Injury Defense: General)
•Long Island's 2012 Top Legal Eagles

Publications/Presentations
•Author, “Court of Appeals Decisions Clarify Primary Assumption of Risk Defense in Tort Actions,” The Defendant, Defense Association of New York, Summer 2013
•Author, “Court of Appeals Decisions Clarify Primary Assumption of Risk Defense,” New York Law Journal, May 10, 2013
•Presenter, “Handling the Police Liability Claim,” National Business Institute, March 5, 2013
•Author, “Recent Developments in the Primary Assumption of Risk Defense,” New York State Bar Association Torts, Insurance & Compensation Law Section Journal, Winter 2011
•Author, Recent Developments in the Primary Assumption of Risk Defense, The Defense Association of New York, Spring/Summer 2011; The Suffolk Lawyer, March 2011
•Author, Court of Appeals Rejects Estoppel Claim Against Municipality, The Suffolk Lawyer, November 2009
•Author, Appellate Rulings on Collateral Source Reduction of Jury Verdicts, Defendant Magazine, Summer 2008; Torts Insurance and Compensation Law Journal, Winter 2009
•Author, Liability of Dog Owners Revisited, The Suffolk Lawyer, June 2007
•Presenter, Liability for Sporting and Social Activities, New York State Bar Association Update and Overview on Premises Liability Seminar, 2005
•Presenter, Defenses: The Firefighter's Rule, New York State Bar Association Premises Liability Seminar, 1996
•Author, The Police Officer Plaintiff: Santangelo Revisited, New York Negligence Reporter, April 1994
•Author, Injured in the Line of Duty, the Policeman's Rule, The Nassau Lawyer, October 1989

Civic Activities
•Vice President of The Bay Club, Inc.

Publications
• Court of Appeals Decisions Clarify Primary Assumption of Risk Defense in Tort Actions, The Defendant, Defense Association of New York
Summer 2013
• Court of Appeals Decisions Clarify Primary Assumption of Risk Defense, New York Law Journal
May 10, 2013
• “Recent Developments in the Primary Assumption of Risk Defense,” NYSBA Torts, Insurance & Compensation Law Section Journal
Winter 2011
• Recent Developments in the Primary Assumption of Risk Defense, The Defense Association of New York
Spring/Summber 2011
• Appellate Rulings on Collateral Source Reduction of Jury Verdicts, Defendant Magazine; Torts Insurance and Compensation Law Journal
December 2009
• Court of Appeals Rejects Estoppel Claim Against Municipality, The Suffolk Lawyer
November 2009

Presentations
•“Handling the Police Liability Claim,” National Business Institute
March 5, 2013

News
Twenty-Six Goldberg Segalla Attorneys Listed in 2014 New York Metro Super Lawyers
September 2014

Successes
Summary Judgment Win for Municipality in Highway Design and Maintenance Case
August 2013
Municipality Successfully Defended in High-Profile Shooting Case
May 2013
Public Insurer Successfully Defended in an Underinsured Motorist Claim
February 2013
Jury Verdict for Town in Sanitation Truck Accident Case
January 10, 2013
Appellate Victory for Town Ends Nine Years of Litigation Over Spinal Cord Injury
May 23, 2012
Wrongful Death Action Against Municipalities, Police Departments Dismissed in Federal Court
November 2, 2011
Appellate Victory in Premises Liability Case a Landmark Decision for Out-of-Possession Landlords
September 16, 2011
Successful Appeal in a Contentious Coverage Dispute
March 29, 2011
Recovery of $785,000 in Contractual Indemnity Claim after Successful Appeal to Appellate Division Second Department

Achievements
Sixteen Goldberg Segalla Attorneys Listed in 2013 New York Metro Super Lawyers
September 2013
Five Goldberg Segalla Attorneys Listed in Metro/Westchester New York Super Lawyers
October 2012
Goldberg Segalla Attorneys Rated Long Island's Top Legal Eagles
September 1, 2010

 
ISLN904991268
 


View Ratings & Reviews
Profile Visibility
#229 in weekly profile views out of 2,497 lawyers in Garden City, New York
#114,626 in weekly profile views out of 1,606,920 total lawyers Overall

Office Information

Brian W. McElhenny

200 Garden City Plaza, Suite 520
Garden CityNY 11530-3203




Loading...
 

Professional Networking for Legal Professionals Only

Quickly and easily expand your professional
network - join the premier global network for legal professionals only. It's powered by the
Martindale-Hubbell database - over 1,000,000 lawyers strong.
Join Now