Municipality Successfully Defended in High-Profile Shooting Case May 2013
Brian W. McElhenny, a partner in Goldberg Segalla’s Municipal and Governmental Liability Practice Group, 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.