Brian W. McElhenny, a partner in Goldberg Segalla’s Municipal and Governmental Liability Practice Group, successfully defended a Long Island town by receiving a favorable jury verdict in Suffolk County.
The town was sued by a college student who alleged that a town sanitation truck struck the rear passenger side of his vehicle, thereby causing him to sustain a fracture to his left leg. The evidence presented established that the town garbage truck was backing up from a side street and a traffic stop sign controlled at that intersection. The plaintiff alleged that he had the right of way, and the garbage workers alleged that the plaintiff was speeding up to the point that he approached the truck. The workers, who were on the back of the truck at the time, testified that there was no traffic and the plaintiff could have avoided the truck.
After hearing the evidence, the jury rendered a verdict in favor of the defendant town, finding that the plaintiff was completely liable for the accident. The verdict was rendered January 10, 2013, in the New York State Supreme Court of Suffolk County, and the decision was published by the New York Law Journal.