Karen Tracy McElhinny

Member

Karen Tracy McElhinny became associated with the firm in 1997, and she was elected as a member in January of 2003. Ms. McElhinny defends and advises healthcare providers, public entities, and businesses. Her areas of interest include the defense of medical malpractice claims and the defense of cities, towns, counties, state agencies and private employers in litigation.

Ms. McElhinny attended the University of Virginia, where she pursued a double major in English and Sociology and received her Bachelor of Arts degree with distinction in 1994. Ms. McElhinny continued her education at the Washington & Lee University School of Law in Lexington, Virginia, where she participated in Moot Court and the Alderson Legal Assistance Clinic. While at Washington & Lee, Ms. McElhinny was chosen by the faculty to receive the award given for having made the most significant student contribution to the Alderson Legal Clinic and the award given for having made the most significant student contribution to the Moot Court program. She also served on the Executive Moot Court Board, where she managed the Davis Moot Court Competition.

Ms. McElhinny has volunteered her time at the mentoring program at Glenwood Elementary, the tutoring program at the Salvation Army Boys and Girls Club, and the YMCA Resolve Family Abuse Program. Ms. McElhinny currently serves on the vestry at St. Mathews Episcopal Church.

Ms. McElhinny has made her home in Charleston, West Virginia since 1997. She is married and has two daughters.

Bar Admissions

• West Virginia, 1997
• U.S. District Court, Southern District of West Virginia, 1997         
• U.S. District Court, Northern District of West Virginia, 1998
• U.S. Court of Appeals for the Fourth Circuit, 2007

Education

• J.D., Washington and Lee University School of Law
  • Honors: Member, Executive Moot Court Board
• B.A., with distinction, University of Virginia

Professional Associations and Memberships

• American Bar Association
• West Virginia Bar Association
• Kanawha County Bar Association
• Defense Trial Counsel of West Virginia
• Defense Research Institute

Representative Cases

• Standard Distributing v. City of Charleston, 218 W.Va. 543, 625 W.E.2d 305 (2005)
• Cooper v. City of Charleston, 218 W.Va. 279, 624 W.E.2d 716 (2005)
• Pope Properties v. Robinson, 2013 W.Va. LEXIS 48 (2013)

Publications

• Anti-Subrogation and Setoff Provisions in Tort Claims Acts, and Unsettled Federal Preemption Issues, IMLA: the Municipal Lawyer Magazine (May 2011)
• The Collateral Source Rule: A Compendium of State Law, DRI, West Virginia Section (2012)