Brian W. McElhenny represented defendant at trial of an action where plaintiff was seriously injured when his tractor trailer flipped over at a landfill.  The jury held plaintiff 60 percent at fault and the Town 40 percent.   On appeal Brian McElhenny  argued that the Town was entitled to complete contractual indemnity from a trucking company even though the trucking company was not negligent.  The Appellate Division Second Department agreed and reversed allowing the Town to recover $785,000 back from a $900,000 settlement.  See Cortes v. Town 910 N.Y.S. 2d 171.