Donald joined Marshall Dennehey in 2004 and currently focuses his practice on the defense of claims made and suits brought against public entities, municipal authorities and local governments, including the defense of police officers, corrections officers, prison wardens and District Attorneys' offices. As well, he handles a wide array of casualty cases, including motor vehicle and transportation litigation, premises liability, environmental, product liability and liquor liability.
In 2002, Don entered private practice with a regional defense firm located in Harrisburg, Pennsylvania, and focused on defense litigation in the areas of medical malpractice, nursing home liability and major motor vehicle accidents.
Don is very active in his community. Specifically, he served as a committeeman for the Dauphin County Republican Committee, in Harrisburg, 5th Ward and remains active in local politics. He is the past president of the Friendly Sons of St. Patrick, Harrisburg Chapter. Additionally, he supports the Harrisburg community as a member of the High Council of Erin, which is comprised of former Friendly Sons' presidents.
Don graduated from Penn State in 1996 with a B.A. in political science and a minor in business. He then attended the University of Pittsburgh School of Law and achieved his juris doctor in 1999. After graduation, Don served as law clerk to the Honorable Michael L. Krancer at the Pennsylvania Environmental Hearing Board.
Significant Representative Matters
· Successfully settled a workplace OSHA accident where the demand was $7.5 million by developing liability defenses supported by two experts and testing these defenses with a mock jury program.
· Successfully assisted in settling a $4 million UIM claim made by a bicyclist by retrieving critical electronic data from the cyclist's bike that plaintiff's counsel did not know was available.
· Successfully assisted in eliminating all claims a third party plaintiff asserted against a liquor licensee to owe the duty to not serve a person who is visibly intoxicated. Claims, such as failing to protect the public from the foreseeable dangers of an intoxicated person and failing to prevent an intoxicated person from driving, were dismissed through preliminary objections.
· Successfully defended a police officer from civil rights claims for alleged excessive use of force.
· Successfully defended a Borough from civil rights claims for its alleged failure to train its police officers in the use of force.
· Successfully defended a District Attorney's office for civil rights claims arising from the prosecution of the plaintiff for possession of a large amount of marijuana.
· Successfully defended a county from a claim for contractual unconscionability arising from a real estate transaction.
· Successfully obtained a zero dollar defense verdict in an admitted liability motor vehicle accident and motorcycle case, which had a pretrial demand for policy limits.
· Successfully obtained a zero dollar defense verdict arising from a drunk driving accident with a pretrial demand for policy limits.
Published Works
· "Thumbs Up for Qualified Immunity," co-author, Defense Digest, 2011-03, Vol. 17, No. 1
· "The Bar Is Set: A Liquor Licensee's Duty To Third Persons In A Civil Suit," Defense Digest, 2008-09, Vol. 14, No. 3
Past Employment Positions
· Kelley Hoffman & Goduto, LLP, Harrisburg, PA
· Honorable Michael L. Krancer, Pennsylvania Environmental Hearing Board, Law Clerk
Associations & Memberships
· Pennsylvania Bar Association
· Dauphin County Bar Association
· American Inns of Court
Honors & Awards
· Pennsylvania Super Lawyer Rising Star, 2011
· BV® Distinguished™ Rating by LexisNexis Martindale-Hubbell
Year Joined Organization: 2004
Publications
Thumbs Up for Qualified Immunity
Defense Digest Article · March 1, 2011
Federal - Civil Rights , Key Points: Encouraging police to seek legal advice serves such a salutary purpose as to constitute a thumb on the scale in favor of qualified immunity. There is no clearly established right to..., Defense Digest, Vol. 17, No. 1, March 2011